m 


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OIlDIISr_A.NOES 


AND 


CONSTITUTION 


OF  THE 


STATE  OF  ALABAMA, 


WITH  THE 


CONSTITUTION 

OF  THE 

PROVISIONAL    GOVERNMENT 


AND  OF  THR 


CONFEDERATE  STATES  OF  AMERICA. 


-►— ♦^'-^ 


^9r^1 


MONTGOMERY: 

BARRBTT,  WIMBtSIt  &  CO.,  STEAM    PRINTERS  AND  BINDKRS. 
1861. 


\ 


s%v^ 


/ 


OR^OIIVAIVCES, 


*rHE  State  of  Alabama. 

At  a  Convention  of  the  People  ot  the  State  of  Alabama, 
begun  and  holden  at  Montgomery,  on  the  seventh 
day  of  January,  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  sixty-one,  and  continued  to  the 
twelfth  day  of  February  in  the  same  year. 

AN  ORDINANCE 

To  dissolve  the  Union  betweeu*the  State  of  Alabama 
and  other  States  united  under  the  compact  styled  "The 
Constitution  of  the  United  States  of  America." 

Whereas,  the  election  of  Abraham  Lincoln  and  Han- 
nibal Harnlin  to  the  offices  of  President  and  Vice  Presi- 
dent of  the  United  States  of  America,  by  a  sectional 
party,  avowedly  hostile  to  the  domestic  institutions  and 
to  the  peace  and  security  of  the  people  of  the  State  of 
Alabama,  preceded  by  many  and  dangerous  infractions  of 
the  Constitution  of  the  United  States  by  many  of  the 
States  and  people  of  the  northern  section,  is  a  political 
wrong  of  so  insulting  and  menacing  a  character  as  to 
justify  the  people  of  tbe  State?  of  Alabama  in  the  adop. 
tion  of  prompt  and  decided  'measures  for  their  future 
peace  and  security  ;  therefore, 

Be  it  declared  and  ordained  by  ike  jjcople  of  the  State  oj 
Alabama  in  Convention  assembled,  That  the  State  of  Ala- 
bama now  withdraws,  and  is  hereby  withdrawn  from  tlie 
Union   known  as  "the  United  States  of  America,"  and 


C>9^i7 


henceforth  ceases  to  be  one  of  said  United  States,  and  is, 
and  of  right  ought  to  be,  a  {Sovereign  and  Independent 
l^tate. 

Sec.  2.  Be  it  farther  declared  a?}d  ordained  by  the  people 
of  tlu  Stale  (//  Alabama  in  Convnition  assembled,  Tliat  all 
the  nowera  over  the  Territory  of  said  {State,  and  over 
the  jtcople  thereof,  heretofore  delegated  to  the  Govern- 
ment of  the  United  States  of  America,  be  and  th<'y  arc 
liereby  withdrawn  from  said  (jlovernracnt,  and  arc  hereby 
resumed  and  vested  in  the  people  of  the  State  of  Ala- 
bama. 

And  as  it  is  the  desire  and  purpose  of  the  people  of 
Alabama  to  meet  the  slaveholding  States  of  the  South, 
who  may  approve  such  purpose,  iu  order  to  frame  a  pro- 
visional as  well  as  permanent  Government  upon  the  prin- 
ciples of  the  Constitution  of  the  United  States, 

Be  it  resolved  by  the  "people  of  Alabama  in  Convention  as- 
sembled. Tliat  the  people  of  the  States  of  Delaware,  Mary- 
land, Virginia,  North  Carolina,  South  Carolina,  Florida, 
Georgia,  Mississippi,  Louisiana,  Texas,  Arkansas,  Ten- 
nessee, Kentucky,  and  Missouri,  be  and  arc  hereby  invi- 
ted to  meet  the  people  of  the  State  of  Alabama,  by  their 
Delegates,  in  Convention,  on  the  fourth  day  of  February, 
A.  I).  T*tjl,  at  the  city  of  Montgomery,  in  the  State  of 
Alahaniu,  for  the  purpose  of  consulting  with  each  other 
as  U)  the  most  etiectual  mode  of  securing  concerted  and 
harniouious  action  in  whatever  measures  may  be  deemed 
moht  desirable  for  our  common  fieace  and  security. 

And  be  it  further  resolved^  That  the  President  of  this 
Convention  be,  and  he  is  hereby,  instructed  to  transmit 
forthwith  a  co[)y  of  the  foregoini^  Preamble,  Ordinance, 
anil  lA4,'8oIutions  to  the  (Jovcrnors.of  the  several  States 
nanit-d  in  said  resr)lntions. 

Done  hy  tlie  people  of  the  State  of  Alabama,  in  Couven- 
ti«Mi  af4«embled,  at  Montgomery,  on  this,  the  eleventh 
day  of  Jaojuary,  A.  D.  1861. 


K^i^?^ 


William  M.  Brooks,  President  of  the  Convention. 


W.  H.  Davis, 
John  Cochran, 
Alpheus  Baker,  ^ 
John  W.  L.  Daniel, 
Lewis  i\L  Stone, 
E.  S.  Dargan, 
John  Bragg, 
H.  G.  Humphries, 
George  A.  Ketchura, 
O.  RrBlue, 


'4 


Sam'l  Henderson, 

0.  S.  Jewett, 

N.  D.  Johnson,  Talladega, 

J.  M.  McClanahan, 

Wm.  S.  Earnest,  Jeftbrson, 

M.  G.  Slanghtcr,  Talladega, 

John  M.  Croiok,  Alexandria. 

Dau'l  T.  Ryan,  Calhoun  Co., 

G.  C.  Whatlcy,       " 

James  S.  Williamson, 


James  Ferguson  Dowdell,     John  P.  Ralls,  M.  D., 


Joseph  Silver, 
B.  H.  Baker,  of  Russell, 
James  W.  Crawford, 
Geo.  D.  Shortridge, 
George  Rives,  sr., 
Franklin  K  Beck, 
Thomas  Hill  Watts, 
Jno.  McPherson, 
Saml  J.  Boiling, 
A.  J.  Curtis, 
Jas.  G.  Hawkins, 
Jeremiah  A.  Henderson, 
A.  P.  Love, 
Wm.  H.  Barnes, 
W.  L.  Yancey, 
A.  A.  Coleman, 
J.  D.  Webb, 
Tho9.  H.  Herndon, 
Gappa  T.  Yelvcrton, 
S.  E.  Catterlin, 
DeWitt  C.  Davis, 
David  P.  Lewis, 
Hasting  E.  Owens, 
Thomas  Tipton  Smith, 
James  MtKinnie, 


W.  E.  Clarke,  of  Marengo, 

James  F.  Bailey, 

John  R.  Coffey, 

Eli  W.  Starke, 

Albert  Grumpier, 

Jere  Clemens, 

J.  M.  Foster, 

George  Taylor, 

John  B.  Lennard, 

A.  R.  Barclay, 

Jas,  G.  Gilchrist, 

James  S.  Clark,  Lawrence, 

John  W.  Inzer, 

J.  P.  Timberlake,  Jiickson, 

Lyman  Gibbons,  of  Monroe, 

Wm.  S.  Phillips,  of  Dallas, 

Nich.  Davis, 

Jef'n  Buford, 

Julius  C.  B.  Mitchell, 

Richard  J.  Wood, 

James  L.  Slicflield, 

John  Green,  sr., 

R.  Jemison,  jr., 

William  A.  Hood, 

Arthur  Camitbell  Beard, 


•) 


6 

D.  B.  Crcecb,        .    .^  Uenry  Mitclicll  (ia^;,      .  ^.,.^ 

Ralpli  O.  IIowftr«i,  George  Forrester,  RaiidoTpti. 

Joliii  TxltT  Mortraii. 

A.  (;.  irORX, 
Secretary  of  the  Conveutiou. 

FliA.NK  L.   tSMlTU, 

Assistant  Secretary  of  the  Convention. 


Xo.  2.]  AN  ORDINANCE 

Concerning  Citizensliip. 

ISkc.  1.  Be  U  declared  and  ordained  by  the  ptopk  vf  Ala- 
bama in.  Coiaention  as.Hwhled,  Every  person  who.  at  the 
(late  of  tlie  Ordinance  of  Secession,  was  residing  in  this 
tState,  and  was  then  by  birth  or  otherwise  a  cftizvn  of  the 
United  ^^tatOB  of  Anitrica,  shall  continue  a  citizen  of  this 
iState,  unless  a  foreign  residence  shall  be  ot^tublishcd  by 
such  person  with  the  intention  of  expatriation. 

Skc.  2.  Every  free  white  person  who,  after  the  date 
aforesaid,  may  be  born  within  the  territory  of  this  iStatc, 
or  may  be  born  outside  of  that  territoiy,  of  a  father  or 
mother  who  then  was  a  citizen  of  this  State,  shall  be  a 
eitizcn  thereof. 

Sf;c.  3.  Bo,  aljjo,  every  person  who,  by  birth  or  natu- 
ralization, wa«  a  citizen  of  the  United  States  of  America, 
or  of  any  «laveholdiiig  State  of  North  America,  and  who, 
within  tvvclvo  montlis  after  the  date  of  the  Ordinance  ot 
Seceasioii,  shall  come  to  reside  in  this  State,  with  the 
intention  of  becoming  a  citizen  thereof.  But  if  such 
jK-rson  wiifl  born  in  a  foreign  State  or  country,  or  in  a  nou- 
slaveholding  State,  he  or  she  shall  take  the  oath  of  alle* 
ifiancc  to  this  State  below  provided. 

Skc.  4.  So,  also,  every  free  white  person  who  shall 
furnish  satisfactory  evidence  of  good  character,  and  who 


shall  be  cugaged  in  the  actual  service,  military  or  naval, 
of  the  State,  and  shall  take  an  oath  of  his  intention  to 
continue  in  such  service  for  at  least  six  months,  and  who 
actually  serves  six  months,  unless  sooner  discharged  hon- 
orably, and  also  the  oath  of  allegiance  below  prescribed. 
9UI0S  Xq  paj8:jsiuimpT3  oq  \{gi{s  siptjo  oq;  'es-BO  siq;  u| 
commissioned  officer  of  the  service  in  which  the  applicant 
for  citizenship  may  be  engaged,  superior  in  rank  to  the 
applicant,  but  not  of  lower  rank  than  Colonel,  and  a  citi- 
zen of  Alabama;  and  thereupon,  certificate  of  the  citi- 
zenship of  the  applicant  shall  be  signed  by  the  officer  and 
delivered  to  the  applicant,  and  must  be  recorded  in  some 
court  of  record  in  this  State. 

Sec.  5.  In  all  cases  the  citizenship  of  a  man  shall  ex- 
tend to  his  wife,  present  or  future,  whenever  she  shall 
have  a  residence  in  the  State,  and  shall  extend  also  to 
each  of  his  children,  who,  under  the  age  of  twenty-one 
years,  may  have  a  residence  in  this  State.  In  like  man- 
ner, the  citizenship  of  a  woman  shall  extend  to  each  of 
her  children  who,  under  the  age  of  twenty-one  years,  may 
have  a  residence  in  the  State  :  Provided,  That  in  no  case 
shall  citizenship  extend  to  any  person  who  is  not  a  free 
white  person,  except  those  provided  for  in  the  first  section 
of  this  ordinance. 

Sec.  6.  That  the  oath  of  allegiance  to  this  State  shall 
be  in  the  following  form,  viz:  "I  do  swear  (or  affirm) 
that  I  will  be  faithful,  and  true  allegiance  bear  to  the 
State  of  Alabama,  as  long  as  I  ma}^  continue  a  citizen 
thereof." 

Sec.  7.  The  oath  of  abjuration  shall  be  in  the  follow-^ 
ing  form,  viz  :  "I  do  swear  (or  affirm)  that  I  do  renounce 
and  forever  abjure  all  allegiance  and  fidelity  to  every 
prince,  potentate,  state,  or  sovereignty  whatever,  e.Kcept 
the  State  of  Alabama, 

Adopted,  January  26,  1861. 


8 
No.  8-]v. .,  ,^        AN  ORDINANCE 

To  change  the  Oath  of  Office  iu  this  State. 

p,  /•'  ,/,  ,■?'))•' (I  and  ordained,  and  it  is  hereby  declared  and  or- 
tla  people  of  the  State  of  Alabama  in  Convc7i- 

tioh  as.<, ,nl'l<'(,  Thiit  the  first  section  and  sixth  article  of 
the  C'on.-titution  of  the  State  of  Alahama  he  amended  by 
strikijii::  out  of  the  fifth  line  of  said  section  the  words 
"Constitution  of  the  United  States  and  the,"  after  the 
word  "tie,"  and  before  the  word  "Constitution,"  where 
they  occur. 

A7i<f  be  it  further  ordained  as  aforesaid,  That  all  oflicers 
in  thiii  State  are  hereby  absolved  from  the  oath  to  support 
the  Constitution  of  the  United  States  heretofore  taken 
by  thi: 

Adopted,  January  15,  1861. 


2*ty-4.]  AN  ORDINANCE 

To  repeal  an  Ordinance  therein  named. 

Be  it  ordaimd  by  the  people  of  the  State  of  Alabama  in  Con- 
-■'-:''  assembled,  That  an  ordinance  adopted  by  the  peo- 
I  .  iliid  State,  in  Convention  at  Iluntsville,  on  the  sec- 
ond day  of  August,  one  thousand  eight  hundred  and 
nineteen,  dix'laiining  forever  all  right  to  the  waste  or  un- 
ai»pn>]>ri.'itctl  lands  lying  witliin  this  State,  is  hereby  re- 
nt.:!; 1.  Iiut  the  navigable  waters  of  this  State  shall  re- 
main lurever  highways,  free  to  the  citizens  of  this  State, 
and  of  such  States  as  may  unite  with  the  State  of  Ala- 
bama in  a  Southern  Slaveholding  Confederacy. 

Adopted,  January  28,  1861. 


No.  5.]  AN  ORDINANCE 

To  provide  for  the  Military  Defense  of  the  State  of  Ala- 
bama. 

Sec.  1.  Be  it  ordained  by  the  j^eople  of  Alabama  in  Con- 
vention assembled,  That  the  Governor  be  and  he  is  hereby 
authorized  and  empowered,  in  the  event  of  a  declaration 
of  war  against  the  State  of  Alabama,  or  of  an  actual 
invasion  of  its  territory,  or  of  imminent  danger  of  such 
invasion,  to  cause  to  be  enlisted  and  to  call  into  actual 
•ser%nce  a  number  of  troops,  not  exceeding  one  thousand 
non-commissioned  officers,  musicians  and  privates,  to  be 
enlisted  for  a  term  of  three  years,  unless  sooner  dis- 
charged. 

Sec.  2.  Be  it  further  ordained,  That  the  Governor  be, 
and  he  is  hereby,  authorized  to  organize  said  troopsin  to 
corps  of  artillery,  cavalry,  or  infantry,  as  the  exigencies 
of  the  service  may  require,  and  to  appoint  the  commis- 
sioned officers  thereof 

Sec.  3.  Be  it  further  ordained,  That  each  of  said  en- 
listed men  shall  be  entitled  to  receive  a  bounty  of  ten 
dollars,  one-half  on  enlisting  and  the  other  half  on  join- 
ing the  corps  to  which  he  may  belong. 

Sec.  4.  Be  it  further  ordained,  That  the  officers  and 
non-commissioned  officers  shall  be  entitled  to  the  same 
pay  and  allowances  as  is  now  fixed  by  law  for  officers  and 
non-commissioned  officers  of  the  same  grade  and  arm  of 
seiyice  in  the  army  of  the  United  States,  and  the  private 
soldiers  shall  receive  the  same  pay,  clothing  and  allowan- 
ces as  private  soldiers  in  the  same  arm  of  service  in  the 
army  of  the  United  States. 

Sec.  5.  Be  it  further  ordained,  That  whenever  tlie  pub- 
lic safety  shall  demand  it  from  any  of  the  aforementioned 
causes,  in  addition  to  the  aforesaid  number  of  troops,  the 
Governor  shall  be,  and  is  hereby,  empowered  to  accept  the 
services  of  any  number  of  volunteers  who  shall  associate 
and  offer  tlicmselves  for  the  service,  either  as  artillery, 


in 

cavalry  or  infantry,  find  the  volunteers  so  acc'eptod  shall 
bavo  power  in  the  fil^t  instance  to  elect  their  own  oonir 
pany  officors.  and  wlien  organized  into  reginionts  or  bat- 
talions, they  shall  also  have  power  to  elect  their  rogimoti- 
tal  field  officers;  but  vacancies  occurring  in  said  regi- 
ment!:, or  battalions,  or  companies,  shall  be  filled  b}'  reg- 
ular ]»roniotion,  according  to  rules  for  the  regulation  of 
the  army  of  the  United  States. 

Sec.  6.  Be  U  further  ordained,  That  said  volunteers, 
when  so  accepted,  shall  he  PuT»ject  to  the  same  rules  and 
regulations,  and  entitled  to  the  same  pa}',  rations,  cloth- 
ing, and  emoluments  of  every  kind,  except  as  to  bounty, 
as  tho  eulisted  men  to  be  raised  by  this  Ordinance. 

Skp.  7.  JJc  it  farther  ordained,  That  jsaid  volunt9ei3 
shall  not  be  accepted  for  a  less  .term  of  service  than,  (^ 
year,  unless  sooner  discharged  bjMhe  Governor. 

Skc.  8.  Be  it  further  ordained,  That  the  Governor  shall 
be,  and  ho  is  hereby,  anthorizcd  and  empowered  toiippoint 
one  ^Major-General,  v^ho  shall  be  entitled  to  the  pay  an4 
allowances  of  a  Major-General  in  the  army  of  the  United 
States,  who  shall  hold  his  oHicc  during  good  behavior, 
and  shall  bo  entitled  to  the  command  of  all  the  troops  of 
the  State  when  iji  servico,  whether  the  same  shall  be  reg- 
ulars, volunteers,  or  militia.  And  the  Governur  shall, 
from  time  to  time,  appoint  Brigadier-Generals,  accordin|f 
to  the  number  of  troops  in  the  field  and  the  exigencies  of 
the  service,  not  to  exceed  one  Brigadier-General  tor  every 
two  regiments,  whose  pay  and  allowances  shall  be  the 
same  as  Brigadier-Generals  in  the  army  of  the  United 
States,  and  whose  commissions  shall  be  vacated  and  with- 
drawn according  as,  in  the  opinion  of  the  Governor,  their 
services  may  be  disjicnsed  with ;  and  the  said  Brigadier- 
Generals  shall  take  rank  according  to  the  date  of  their 
commissions. 

Buc.  9.  Be  it  further  ordained,  That  the  Governor  shall 
be,  and  he  is  hereby,  empowered  to  ap[)oint  an  Adjutant 
and  Inspector-General,  \vJj,o^e  rank  shall  be  that  of  a 


11 

ft, 

^^rigaclieivGeneral,  and  who  shall  he  entitled  to  the  pay 
and  allowances  of  a  Brigadier-General.  And  the  Gover- 
nor may  also  appoint  au  Assistant  Adjutant-General,  with 
the  rank,  pay  and  allowances  of  a  Colonel  of  Dragoons. 
And  the  Governor  may  also  appoint  a  Quartermaster- 
General,  who  shall  he  entitled  to  the  rank,  pay  and  alloAv- 
ancep  of  a  Brigadier-General ;  and  two  Assistant  Quarter- 
masters, who  shall  each  be  entitled  to  the  rank,  pay  and 
allowances  of  a  Captain  of  Dragoons.  And  the  Governor 
may  also  appoint  a  Surgeon-General  and  a  Paymaster- 
General,  who  shall  each  be  entitled  to  the  pay  and  allow- 
ances of  a  Colonel  of  Infantr3\ 

Skc,  10.  £c  it  further  ordained^  That  the  staff  officers 
■^hose.  appointment  is  provided  for  in  the  foregoing  sec- 
tion, sliall  hold  their  commissions  subject  to  the  discre- 
tion of  the  Governor,  and  may  be  dismissed  at  any  time, 
w^hen  in  his  judgment  the  public  service  requires  it  to  be 
done.  \*,»      1*  "',^*^<,    *^  '"■ 

Six'.  11.  Bt  it  further  ordained,  That  the  laws  of  the 
United  States  respecting  the  regulations  and  emoluments 
of  recruiting  officers,  punishment  of  persons  who  shall 
procure  or  entice  a  soldier  to  desert,  or  shall  purchase  his 
arms,  uuitorm,  clothing,  or  any  part  thereof,  and  the  pun- 
ishment of  every  commanding  officer  of  any  ship  or  ves- 
sel, who  shall  receive  on  board  of  his  ship  or  vessel,  know- 
ing him  to  have  deserted,  or  otherwise  carry  away  any 
soldier,  or  refuse  to  deliver  him  up  to  his  commanding 
officer,  shall  be  in  force  and  applj'  to  all  matters  and  things 
wkbin  the  intent  and  meaning  of  this  ordinance. 

Skc.  12.  Be  it  further  ordained.  That  no  officer  of  the 
Un.e  or  staff,  who  may  be  appointed  under  the  provisions 
of  this  ordinance,  shall  be  entitled  to  receive  pay  or  al- 
lowances until  he  shall  be  called  into  actual  service,  nor 
for  any  longer  time  than  he  shall  continue  therein :  Fro- 
ridtd,  That  nothing  in  this  ordinance  shall  be  so  con- 
strued as  to  prevent  officers  from  receiving  pay  and  al- 
lowances  while   engaged  in   the   recruiting  service,  or 


12 

while  prevented  from  the  discbarG^e  of  tlicir  duties  by 
wounds  or  sickness,  or  while  absent  from  their  posts  on 
leave.' 

*^lsc:  is.*  Be  it  further  ordamal,  That  there  shall  be 
appointed  by  the  Governor  an  Ordnance  Officer,  with  the 
rank,  pay  and  allowances  of  a  Licutcnant-Colonol  of  Ar- 
tillery, who  shall  have  charge  of  all  the  [)ublic  anus  and 
munitions  of  war  of  every  kind  and  description  what- 
ever, and  the  said  Ordnance  Officer  shall  be  assisted  in 
the  discharge  of  his  duties  by  a  Lieutenant  or  Lieuten- 
ants, who  maybe  detailed  for  that  purpose  by  the  Major- 
General,  whenever  in  his  opinion  the  public  service  so 
requires. 

Sec.  14.  Be  it  further  ordained,  That  the  Quartermas- 
ter-General, Paymaster-General,  Ordnance  Officer,  and 
Assistant  Quartermasters,  shall  each  give  bond  and  secu- 
rity, to  be  approved  by  the  Governor,  and  renewable  at 
his  pleasure,  for  the  faithful  performance  of  the  duties  of 
their  respective  offices. 

Sec.  15.  Be  it  further  ordained,  That  the  Major-Gen- 
eral,  whose  appointment  is  provided  for  by  this  ordinance, 
shall  be  authorized  to  appoint  a  Military  Secretary,  with 
the  rank,  x»ay  and  allowances  of  a  Captain  of  Dragoons. 

Sbc.  16.  Be  it  further  ordained.  That  each  General  offi- 
cer may  appoint  his  staff  officers,  whose  rank,  pay  and 
allowances  shall  be  the  same  as  that  of  staff  ofticcrs  of 
the  same  grade  in  the  army  of  the  United  States. 

Sfio.  17."  Be  it  farther  ordained,  That  the  regulations 
for  the  army  of  the  United  States,  directed  to  be  pub- 
lished on  the  first  day  of  January,  1857,  by  Jeff.  Davis, 
Secretary  of  War,  shall  be,  and  the  same  are  hereby, 
adopted  by  the  State  of  Alabama,  so  far  as  they  consist 
with  the  provisions  of  this  ordinance,  and  of  other  ordi- 
nanc « s  which  have  been  or  may  be  adopted  by  this  Con- 
vention, 

Sec.  18.  Br  it  further  ordained,  That  the  next  (icneral 
Assembly,  and  each  subsequent  General  Assembly  of  the 


State  of  Alabama  may  make  sucli  altefations  iu,  or  amend- 
ments to,  the  foregoing  ordinance  as  in  their  judgment 
the  public  service  may  require. 

Sec.  19.  Be  it  further  ordained,  That  the  system  of  ac- 
countability of  each  department  of  the  army  of  the  United 
States  as  now  in  force,  with  such  alterations  and  modifi* 
cations  as  are  or  may  be  necessary  to  adapt  them  to  the 
government  of  the  military  forces  of  the  State  of  Ala- 
bama, be,  and  the  same  are  hereby,  adopted. 

Adopted,  Januar}'  19,  1861. 


Kg.  6.]  AN  ORDIKAKCE 

To  re-organize  the  Militia  of  the  State  of  Alabama. 

Sec.  1.  Be  it  ordained  by  the  jpcople  of  Alabama  in  Con^ 
t>ention  assembled,  That  all  military  commissions  in  the 
Militia  of  the  State  of  Alabama,  ot  every  grade  and  de* 
scription,  shall  be,  and  the  same  are  hereby,  annulled,  and 
declared  to  be  utterly  null  and  void :  Provided,  hoiocver. 
That  officers  now  holding  such  commissions  shall  not  be 
deprived  of  their  commands  until  a  new  election  is  held, 
and  their  successors  have  been  qualified,  as  hereinafter 
provided  for. 

Sec.  2.  Be  it  farther  ordained,  That  the  foregoing  sec- 
tion shall  not  apply  to  the  Adjutant-General  and  Qnarter- 
maater-General  of  the  Militia,  who  shall  be  retained  iu 
office,  subject  to  the  pleasure  of  the  Legislature;  and 
may  be  dismipsed  or  retained,  as  the  Legislature  shall 
direct. 

Sec.  2.  Be  it  further  ordained,  That  the  duties  of  the 
Adjutant-General  and  the  Quartermaster-General  of  the 
Militia  as  now  established  by  law,  shall  be  entirely  dis- 
tinct and  separate  from  the  duties  of  the  Adjutant-Gen- 
eral anil  Quartermaster  General  whose  appointnionts  are 
providrd   for  by  an  ordinance  entitled  "an  Ordinance  to 


14 

provide  for  the  Military  Defense  of  the  State  of  Alabama," 
and  shall  he  coiitincd  exciu^jivoly  to  the  militia,  as  conttar: 
distins^uished  from  the  ciili-^ti'l  nx^ii  and  volunteers  actu*- 
ally  in  service.^     ^' 

Sec.  4.  Be  it  further  ordained,  That  the  departments 
of  Adjutant-Geucral  and  Quartcrma.*tcr-<TCiieral  of  the 
militia  shall  be  subordinate  and  subject  to  the  onler.  di- 
rection and  control  of  the  corresponding  departments  of 
the  regular  and  volunteer  service. 

Skc.  5.  J^c  it  further  ordained,  That  the  Legislature 
shall  have  power  to  prescribe  the  time  and  mode  of  elec- 
tion for  filling  the  vacancies  created  by  this  ordinance, 
and  to  do  all  other  acts  and  things  in  relation  thereto,  or 
in  relation  to  promoting  the  etHciency  of  the  militia, 
which,  in  tlieir  judgment,  the  public  service  may  ret^uire, 
not  inconsistent  with  the  provisions  of  this  ordinance,  or 
of  any  other  ordinance  which  has  been  or  may  be  passed 
by  this  Convention. 

Adopted,  January  23,  1801. 


Ko.  7.]  AN  ORDINANCE 

To  authorize  Colonels  of  Volunteer  Regiments  to  appoint 
their  own  Staff  Officers. 

Sbc.  L  Be  it  ordained  by  the  people  of  Alabama  in  Con- 
vention as8et)dihd,  That  each  Colonel  of  a  volunteer  regi- 
ment who  shall  be  received  into  the  service  of  the  State 
of  Alabama,  under  the  provisions  of  an  ordinance  entitled 
"au  Ordinance  to  provide  for  the  Military  Defense  of  the 
State  of  Alabama,"  passed  January  19,  1861,  shall  be 
authorized  und  empowered,  and  he  is  hereby  authorized 
and  empowered  to  appoint  and  remove  at  his  pleasure  the 
following  regimental  staff,  viz:  one  Adjutant  and  one 

^' ' '  *nr,  with  the  rank,  pay  ami  allowances  of  a 

i  wit  of  Dragoons^  one  Surgeon  aud  two  As- 


15 

sistant  Surgeons,  whose  rank  and  pa}'-  shall  be  the  same 
as  that  of  the  same  officers  in  the  army  of  the  United 
States;  one  Sergeant-Major,  one  Quartermaster-Sergeant, 
one  Drum-Major,  and  one  Fife-Major,  who  shAll  l)e  enti- 
tled to  the  same  pay  and  allowances  as  non-commis- 
sioned officers  of  the  same  grade  in  the  army  of  the  Uni- 
ted States. 

Sec.  2.  Be  it  further  ordained^  That  each  Captain  of  a 
company  shall  be  empowered  to  appoint  the  non-com- 
missioned officers  of  his  company,  subject,  however,  to 
the  approval  of  the  Colonel,  and  removable  at  his  plea- 
sure. 

Sec.  3.  Be  it  further  ordained,  That  when  vacancies 
occur  in  the  rank  of  2d  Lieutenant  of  volunteers,  the 
Colonel  of  the  regiment  in  which  such  vacancies  occur 
shall  be  authorized  and  empowered  to  fill  such  vacancies 
by  original  appointment  from  the  non-commissioned  offi- 
cers and  privates  of  the  regiment. 

Adopted,  January  26,  1861. 


No.  8.]  K^  ORDINANCE 

Supplemental  to  an  Ordinance  entitled  "an  Ordinance  to 
provide  for  the  Military  Defense  of  the  State  of  Ala- 
bama." 

Be  it  ordained  by  the  people  of  Alabama  in  Convention  os- 
'sembled,  That  the  fifth  section  of  an  ordinance  entitled 
"an  Ordinance  to  provide  for  the  Military  Defense  of  the 
State  of  Alabama,"  shall  be  so  construed  as  to  autliorize 
the  Governor  to  accept  the  services  of  separate  Compa- 
naies  of  volunteers  offering  themselves  for  service;  and 
auch  companies,  after  their  acceptance  by  the  Governor, 
shall  elect  their  company  officers. 

Adopted,  January  29,  1861. 


16 

No.  9.]  AN  ORDIKANCE 

Supplemental  to  au  Ordinance  to  provide  for  the  defence 
of  Alabama. 

^Bc  it  ordained  by  the,  people  of  Alabama  in  Convention  ash 
hehhkd,  That  the  Governor  be,  and  he  is  hereby,  anthor- 
iaed  to  extend  and  carry  into  citcct  the  provitiionB  of  the 
"Ordinance  to  provide  for  the  Military  Defense  of  the 
State  of  Alabama,"  for  the  purpose  of  protecting  the 
coast  defenses  of  the  Gulf  of  Mexico,  and  to  prevent  or 
repel  invasion  in  that  quarter. 

Adopted,  January  29,  1861.  .^.y. 


No.  10.]  AN  ORDINANCE 

To  provide  for  the  removal  of  the  Arras  and  Munitions 
of  War,  at  Mount  Vernon,  in  the  State  of  Alabama,  to 
a  piaco  or  places  of  greater  security. 

Bi-  it  ordained  by  the  people  of  Alabama  ia  Convention  ai' 
setnblcd,  That  the  Governor  of  this  State  be,  and  he  is 
hereby,  authorized  and  empowered,  to  remove  the  arms 
and  munitions  of  war  of  every  kind  and  description,  taken 
at  the   I'nited  States  Arsenal  at  Mount  Vernon,  in  the 
State  of  Alabama,  and  distribute  them  in  such  quantities 
as  in   his  oi)inion  the  public  service  may  require,  among 
the  following  named  cities  and  towns,  viz:  Mobile,  Kyx-'* 
faula,  Montgomery,  Tuscaloosa,  Jacksonville,  Selma,  TaLj^' 
ladcga  and  lluntsville,  and  such  other  places  as  the  Govl'^ 
ernor  may  select ;  to  be  kept  and  delivered  out  only  iipon*" 
tljo  order  of  the  Governor,  for  the  equipment  of  volun- 
teers, or  of  military  companies  in  the  service  of  the  State, 
except  in  cases  of  insurrection  or  invasion  :  Provided,  That 
none  of  naid  cities  or  towns  shall  be  entitled  to  receive  a 
diftributlve  share  of  said  arms  or  munitions,  unless  the 


17 

torporatG  authorities  thereof  shall  provide  a  place  for  the 
Bate-keeping  of  the  same,  and  become  responsible  for 
tlieir  delivery,  or  the  delivery  of  any  portion  of  the  same, 
on  the  order  of  the  Governor,  whenever  the  public  ser- 
vice may  require  it. 

Adopted,  January  26th,  186 L 


In  relation  to  the  Collector  of  the  Port  of  Mobile. 

5ec.^  1.  B€  a  ordained  b^  the  pwple  of  Alahama  m  (Jon- 
veniton  assembled,  and  it  is  hoxby  ordained  by  authoriiy  of  the 
same,  'Hlat  Thaddeus  Sa»ford,  late  Collector  of  the  Port 
of  Mobile,  and  his  subordinates  iu  office  under  the. Gov- 
ernment of  the  United  States,  be  re-appointed  to  their 
respective  offices  by  the  State  of  Alabama,  and  that  com- 
p6t»satiou  of  such  officer^  be  the  same  as  that  they  receiv^pd 
from  the  Go^rnuieut  of  the  United  States. 

Sec.  2.  Be  'ii  further  ordained,  Tliat  tiic  said  T.  San- 
ford,  Collector,  as  aforesaid,  be  instructed  to  retain  iy'his 
hand?(,  subject  to  the  order  of  this  Convention,  (and  with 
a  view  to  future  settlement  with  the  Government  ol  the 
mniWd  States,)  all  such  money  as  he  may  have  had  in  his 
hkn^^  as  Collector  of  the  United  States  at  the  Port  of 
Mobile,  on  the  day  of  the  passing  of  the  ordinance  with- 
"drawing  the  State  of  Alabama  from  tjie  Federal  Union-— 
and  that  the  State  of  Alabama  is  hereby  plcdgtHl  to 
indemnify  and  save  harmless  the  said  T.  Sanford  and  liia 
secunties  on  his  official  bond  to  the  guvcrnment  of  tha 
United  States,  for  any  loss  or  damage  he  or  tbGy'may 
sustain,  by  complying  with  the  requirenients  of  this  Ordi- 
nance. 

h    Sbc.  8.     Be  it  furthn-  ordained.  That   His  Bxcellcncy, 
2 


IS 

the  Qovccui^n  Hlk«l'hp''i«»«l  to  issue"  U  Commiss«w  Wff* 
^?allfo^d,  aaCalFe^or  of  .rt»  Port  of  Mi>l)ilo.  and^tfeitrJ^ 
bu  required  to  enter  into  bonii  with  security,  to  be  ap- 
proved by  the  .ludere  of  the -sixth  Jndioinl  Oirtnit  of  tlie 
tState  of  Alftbarua,  iii  the  (*ainc  sum  as  id  Fut  forth  in  bis 
boi)4  to  the*  Uintcd  '  6taf.ea,  for  the  taitliful  tU-sicharge  of 
his  chitids  a9  Collec^r  of  said  rort,-T— 6uel\  boiul  to  be 
transmitted  to  the  Governor  to  be  fil6d  among  the  ar- 
chives of  the  State,  and  that  upon  the  execution  of  sa4d 
bcrnd  he  proceed  to  grant  clearances  ton'essols,  find  coi-* 
Icct  <lutics,  as  he  lias  heretofore  done  under  the  laws  of 
the  U nitcd  SLates,  until  otherwise  ordered  by  this  Con- 
venttori.  ,  •» , 
Adopted,  January  14th,  1861. 


Xo.  12.]  AN  ORDIlsrANiC;^ 

S^j»pleniental  to  an  Ordinance  heretofore  passed  in  r-ofet- 
ence  to  the  Custom  House  at  Mobile. 

•  6bc.  1  Be  it  orflaiMd  by  the.  people  of  Alabama  in  Conh 
.tffn((Oi}'/iS!-i  hfbhj,  ami  it  is  hereby  ordained  by  authority  of  the 
•AA;/)r,  That  the  Goiloctor  of  the  Customs  at  the  Port  of 
Mobile,  in  all  his  ofHcial  acts,  a,nd  in  the  sbj'le  of  the 
•dotiuaneuts  it  may  be  necessary  for  him  to  issue,  shall  do, 
and  L98ue  the  name  in.  the,jiaQ>c  ;of,..the  State  ol"  ^la- 
bamiu  '    .     .   ; '  ''^  '""*  ,      ■  •/•** 

Sec.  2.  That,  until  otherwise  provided  by  the  Conven- 
tion, the  Tarilf,  Ivcvenue,  Collection,  AVare-housinc;,  and 
Navigation  Law.s  of  the  L^nitod  States,  so  far  as  they  may 
•be  a]>plicable,  be,  and  tlie  same  are  hereby  adopted  and 
trtado  the  laws  of  this  State,  saving  that  no  duties  shall 
be  collected  upon  imports  from  the  States  forming  the 
Iftte  Federal  Union,  nor  upon  tiic  tonnage  of  vessels  owted 
.in  whole  or  in  jiart  by  citizeus  of  said  States. 


19 

Sid'  d\  That  all  vessels  built  in  Alabama  or  elsewhere, 
one-tlnrd  of  which  shall  be  owned  by  a  citizen  or  citi- 
zens of  Alabama,  or  of  any  other  slaveholding  State  of 
the  late  Federal  [Tnion,  and  commanded,  by  a  citizen 
thereof,  and  no  other,  shall  be  registered  as  vessels  of  Ala- 
bama, under  the  authority  of  the  Colioctoi*  of-the  Port 
aforesaid.:  ^    -Jl-'v  Mt-'v  's   »"»♦••:•   '•'•^'    '••♦^     *f 

,  Sec.  4.  That  all  moneys  hereafter  collected  by  the 
Collector  aforesaid,  whether  upon  goods,  wares,  and  mer- 
chandize in  bond  or  public  store,  or  that  shall  herealter 
arrive  from  any  foreign  country,  shall,  after  deducting  the 
sums  necessary  for  the  compensation  of  officers,  and 
other  expenses  hereinafter  referred  to,  be  paid  into  the 
Treasury  of  the  Htate  of  Alabama,  for  the  use  of  said 
State,  subject  to  the  order  of  the  Convention,  or  the  Gov- 
ernor of  the  kState. 

Sec.  5.  That  the  Collector  aforesaid  is  hereby  author- 
ized and  empowered,  in  the  name  of  the  State  of  Ala- 
bama, to  take  into  his  possession,  and  subject  to  his  con- 
trol, the  United  States  Custom  House,  United  States  Ma- 
rine Hospital  at  Mobile,  the  Light  Houses  at  Choctaw 
Point,  at  Mobile  Point,  and  Sand  Island,  the  range  lights 
and  buoys  in  Mobile  Bay,  and  the  United  States  Kevcuue 
Cuttei»,  Lewis  Cass,  now  lying  in  the  Port  of  Mobile,  and 
that  the  officers  in  charge  of  these  several  departments 
be  re-appointed  to  their  respective  offices:  Provided,  they 
are  willing  to  accept  the  same  from  the  State  of  Alabama 
and  if  not,  the  Collector  is  hereby  authorized  to  till  the 
vacancies,  under  the  same  regulations  as  those  prescribed 
for  their  government  under  the  laws  of  the  United  States ; 
that  they  report,  as  they  have  heretofore  done,  to  the 
Collector;  and  the  Collector  is  hereby  instructed  to  su- 
perintend their  duties  and  to  pay  their  salaries,  as  he  has 
been  accustomed  to  do  under  the  laws  of  the  United 
States. 

Skc.  G.     That  the  Board  of  Steamboat  inspectors  at 
the  Port  of  Mobile  be  re-appointed  by  the  State  of  Ala- 


Old  rcquirod  to  continue  in  the  diach&rge  of  tbcir 
dutlM,  lia  tbey  liave  licretofoiv  doiio  under  the  Iav«  i>t' 
•the  L'nited  btatea,  and  at  the  same  salury — icporting»,'M 
Jicretofore,  to  tbe  Collector,  and.  instead  of  the  ^SecretorJr 
of  iho  Treabury  of  the  United  State?,  to  the  Governor  of 
tbtf  State. 

S^H.  T.  That  the  gold  and  BiJvor  coin  of  the  irnitod 
States,  of  England,  France,  Spain,  Mexico,  aud  •  the 
Southenj  Kcpuhiics,  siiall  be  a  lawful  tender  in  paynietit 
of  dcbtd  and  dntie?,  at  their  value,  as  regulated  by  t%i9 
laM'tt  of  the  Uuitcd  States;  and  that,  in  the  computation 
of  all  duties  on  imports  from  foreign  countries  into  this 
tState,  tbe  laws  and  the  usages,  in  regard  to  foreign  in- 
voices,  of  tlie  United  States,  in  reference  to  the  valne  of 
t<i6  coin  or  currency  of  the  same,  shall  continue  to  he  ob- 
aencd. 

<t •&».&«  Tliat  tlie  weight!^  and  measures  recognized  "by 
thii  laws  of  the  United  States,  shall  be  the  Btaudnrd  \n 
tjbe  State  of  Alabama,  by  which  all  contracts  involving 
•ihair  use  shall  be  regulated. 

.  |5eC,  i'.  That  all  discriminating  tonnage  duties  on  for-" 
•Igti  vwsaels,  and  all  discriminating  duties  on  foreign 
goods,  vrarys  and  merchandize,  imported  into  thi^^  Stjite, 
be,  aBtl  the  same  are  hereby,  abolished. 

Sbo.  10,  That  the  Collector  aforesaid  shall  make 
monthly  returns  of  the  business  of  his  office  to  the  Gov« 
ernor  of  the  State  of  A'abama,  embracing  an  accarate 
account,  in  detail,  of  his  receipts  and  disbursements;  the 
latter  showing  the  expenses  of  tbe  Marine  lIosi)it.'il,  the 
Uc'venue  Cutter,  and  the  ]jight  Houses,  and  the  amounts 
of  the  salaricii  of  Steamboat  Inspectors,  of  officers  of  the 
customs,  and  such  incidental  charges  as  appertain  to  the 
»airie;  and  unless  the  duties  of  said  Collector  are  here- 
after modified  by  this  Convention,  or  some  other  com- 
petent authority,  he  i.-<  luTchy  rccpiired  to  make  ref>ort 
qnarter  yearly  to  the  Governor  of  the  State,  of  such  sta- 
tistical returns  aa  he  ha«  been  heretofore  required  by  the 


21 

laws  of  the  United  Statea  to  report  to  the   t^ecretary  of 
the  Treasury. 

A<JopteJ,  January  23,  18G1. 


-No.  ir..]  AN"  ORDIN^ANCE 

To  continue  the  City  of  Sehna  as  a  Port  of  Entry. 
.  * .  •  •    ■  •  .■ 

Sec.  1,  Be  :k  ordained  by  the  "pcoph  of  the  State  of  Ala- 
bama ini  Cifuvoifion  assembled^  and  if  is  hereby  ordained  by  the 
authority  of  the  same.,  That  the  city  of  Selrna  anci  the  city 
of  Mobile  are  continued  as  Ports  of  Entry  iu  this  St.ite, 
as  they  were  uuder  the  laws  of  the  United  State.^,  and 
that  the  ordinances  heretofore  adopted  by  this  Convention 
ip  re.fereuce  to  Customs  and  Custom-liouses,  shall  a[)ply 
to  tlie  Port  of  Seliua,  except  so  far  as  the  same  are  spe- 
cially applicable  to  the  Port  of  ^lobile. 

Sec.  2.  That  Jonathan  llaralsou  is  hereby  appointed 
Collector  of  Customs  at  the  Port  of  Selma,  and  that  he 
proceed  to  discharge  the  duties  of  his  office  upon  his  giv- 
ing l)ond,  with  security  in  the  same  sum  as  that  set  forth 
in  his  bond  formerly  given  to  the  United  States — the  said 
bond  to  be  approved  of  by  the  Judge  of  the  first  Judicial 
Circuit,  and  to  be  transmitted  to  the  Governor  oi  tlic 
State  to  be  tiled  among  its  archives. 

Sec.  3.  Be  iifuriloer  ordained.,  That  this  ordiiianoc  and 
9^\\  other  ordinances  heretofore  adopted  by  this  Conven- 
tion on  the  subject  of  Customs  iu  this  State  are  proyi- 
sionalv  and  shall  not  preront  aot'ou  in  reference  tu  the 
same  by  the  Couvpntioii  ot  Deputies  to  assemble  at  the 
city  of  Mputgomery,  on  the  fourth  day  of  Fcbruar}-  nex^ 

Adopted,  Januaiy  26,  ISHl.  .  •/. 


22 

To  tn(lii-«A'r  ami  jei^nlate  ihe.'JunKjictioii  nnJ  i'r.'uticoof 
tlit'tft-vvnil  Federal  Courts  witliin  the  lirnit&of  tlie  State 
of  Alabama. 

lie  U*ordmn€(i.hf/  the  pcopk  »fthc  t^latv  qf  Alahama  in  Ccmh 
wiitio)}  tis.wnbkd,  That  the  judicial  power  l»fTet()f»)lx'  fb'rvd- 
in?  ii  part  of  tire  jnilioial  power  of  tlie  Knift'd  Stiit<?s  ot 
Aiiierica,  and  wljicli  has  been  rofluuied  bv  this  State, 
sliall  i)o  cxcrewcd  by  tlio  Courts  of  this  {^tsitc  hereiwgpftcr 
Qamcrl.  .r    .      •      •  t         ..." 

•'Sbo.  2.  Beit \fn:t*lher  orrfahed.  That  the  peVofal  Oinrult 
(iMirts  of  X\\i\  Htate  of  Alabtinia,  the  City  Ooitn  of  Mo- 
bile, and  the  Courts  of  Chancery  in  tlie  State  of  Al«- 
bflTna,  nball  have,  take  and  exercii^e  original  jufi^diot^ion 
iti  a'l  casef*  arising;  witliin  the  Jnri.sdiotion  of  thb  >Vdefat 
Oourtt*  of  the  United  States,  as  hentofnre  o.xi:^finc;  \i\  \\\t 
Statv  of  Alabama,  by  virtue  of  thp  Constitution  of  the 
'United  States  aud  the  laws  of  Congi'^a  as  fiofeiuafter 
provided. 

Kko.  C.  Ik  it  further  ordained^  That  thu  f>nid  Circuit 
Coortfiof  thin  State,  and  the  CUy  Court  of  Mobile,  sJialF 
Imre  and  exercise  orii^inal  iurisdiction  in  ail  casea  embt*a- 
ciiiir  tnHtteiv  nf  law  or  of  a  maritime  or  admiralty  natUrar 
heretofore  cojyuizable  in  the  District  or  Circnit  Courts  of 
'  the  Tiiit^d  StatcH',  by  virtue  of  the  Coiif^tuntidn  of  tkc 
niiitcd  St^ites  of  America,  and  the  la\v.<^  of  'Conijress 
puMseil  in  eoniormify  therewith  ;  and  that  the  Conrts'of 
CUin»c«r}' of  thin  State  exerciaejurisdictron  in  all  ca>c8  of 
c^y^^>^  herot"fore  exercised  or  co^t^nizablo  in  said  courts 
of  the  United  Stales,  under  the  Constitution  and  lavyts' 
fhc'Veof  t^TV*f</f^,  thht  this  grant  of  powers  fihall  not 'be* 
80  <^>n8trued  as  to  ,^ive  to  the  City  Court  of  Mobile  any 
right  to  try  euupes  in  which  is  involved,  and  in  direct 
iMue,  tlio  title  t^o  laud. 

Seo.  4.     Be  it  fiirlKer  ordaiuod,  That  in  cases  aff(^tiug 
amba.s>?adohs  and  othdj'  public  ministers,  the   Supreme 


23 

Court  of  Alabama  sliall  have  original  and  exclnsive  juris- 
distion  :  and  in  such  cases,  and  in  cases  affecting  consuls, 
there  shall  be  in  all  the  Courts  above  specilied;  in  the  ex- 
ercise of  the  jurisdiction  hereby  conferred,  as  near  a  con- 
formity as  may  be  to  the  regulations  and  pifaetioe  buw 
prevailing  in  the  United  States  Courts..  But  in  all  other 
cases,  the  pleading,  practice  and  course  of  proceeding, 
except  in  cases  as  hereinafter  stated,  shall  be  in  all  respects 
as  ill  ordinary  cases,  arising  and  pending  in  said  Statd 
courts  as  regulated  by  the  laws  of  this  State.  ■  • 

Sec.  5.  Be  it  further  ordained,  That  all  eases,  eiiccpt 
where  the  United  States  of  America  is  plaintifi,-  wow, 
pending  in  said  federal  courts  within  the  limits  of  ttie 
State  of  Alabama,  and  on  the  law  side  of  the  said  courts, 
or  of  au  admiralty  and  maritime  nature,  shall  be  trans- 
ferred, with  all  the  books  of  reetmle,  dockets,  papers  and 
documents,  to  the  same  appertaining,  to  the  several  cir-. 
cuit  courts 4n  the  respective  counties  ijr  which' said  fgderal 
courts  have  herfetotbre  been  holden,  and  all  proceee  now 
running  on  any  case  now  pendi.-g  in  said  courts  as  afore- 
said, except  where  the  United  States  of  America  is  plaiu- 
tiif,  shall  bo  executed  by  the  marshals  holding  snob  jtro- 
cess  and  returned  to  the  paid  circuit  courts,  and  all  cases 
pending  in  said  courts  on  the  equity  side  of  said  courts," 
with  all  the  papers  and  documents  appertaining  to  said 
cases  on  file  in  said  courts,  shall  be  transferred  to  the-- 
chancery  courts  in  the  said  counties  in  which  said  federal 
courts  have  lieretofore  been  htilden,  and  all  process  now  . 
running  on  any  such  cause  now  pending  as  aforesai<^,  f^iall" 
he  executed  bv  the  marshals  aforesaid  and  returned  to' 
said  chancery  courts.  i  • 

Sbc.  6".  Be  iHf  ficrther  ordained,  That  the  law?  of  thu 
United  f>tatVs  which  were  in  operation  at  the  time  of  the 
secession  of  the  State  of  Alabama  from  the  Tnitcd  States, 
concerning  offences  c6nnected  with  the  Post.offioe  iHfXMt-* 
ment,  the  public  customs  or  aeamon,  and  nn  aclJ  of'the 
OonLrrf»-  of  th*^   United  States,   entitled   "an   net  tn'oro' 


cf&QtnailTtO  ptimde for Uie  punishiA^lli«^^MttlA>ei 
n|niiiiflt  tne  Unttod  8t«tep,  <md  I'of  other  jnWptt'es/'.fi^i 
l»r/»vc'<^  MiiVcVi  8(1,  18*25,  po  far  a(>  jii.pl'u'ahle  to  tbc*  SkaA^ 
of  AUhaiua.  av6  hereby  adopted  nn  law*  of  this  8t»l# 
until  fhcv  mnv  he  altered  or  repen^ipd,  nnd  all  otfrniiea 
noJc'f  suiil  laws  sliall  be  f5uhject''to  tl>e  jnvis^lKJtion'of  the 
oourtii  of  tbisVtnto.,  aniJ  said  oft^nses  aro  horebv  declared 
td  bo  o!ft'n!»cs  UL'iiinJ't  the  State  of  Ahihamn. 
*  ^bC.  7.  Jh  iJ  ffCfihn-ordaUied,  That  in  all  on?»cs  in  \vliich, 
rtinlt'r  tin^  laws  aforesaid,  trials  Ijavo  boon  had  by  jnrios, 
the  pfimp  Hv.lll  be  tried  by  juries  nocordiuc:  to  the  practiee 
of  jnrY  triftl^'  tn  the  State  of  Alabama:  ami  in  all  cas^^g 
df  admiralty  and  maritirae  jnrisdietioii  and  all  otlM?r  ctiees 
in/vvhich  the  jnvy  trial  has  not  boen  established.  tholoiiA 
arvd  liuxfe'of  proceedinsf  shall  be  sneh  in  the  said  fc)t«tfe 
«>fM't«t4\kin^  jurisdiction ^oft^hch  cases  as  bare  been  here* 
(ofofc  in  uf«c  in  the  said  fedx?ral  courts  within  this  f^tate 
t«i<ir»5<  (•i>tr<n/-i>nfe  of  sneh  cases. 

•Uto^W:  .  ^e  U  fitt'tfur  ord'Htined,' T\vAi  until  otherwise 
or<k*rftd,  the  clerks  of  the  circuit  courts  in  the  ret^peotive 
counties  iu  which  the  said  fotlcral  courts  have  been  holdcvrv, 
shiiil  bo  and  hocomo  thu  custo^Jkuis  of  All  record*  And 
p:iper«»  belouijijisj  to  the  roRpoctivo  olticei'8  of  tlie  said  ted*- 
oral-ovurts.  and  shall  hnve  povter,  an  the  naiue  and  fftyJ» 
of  thv'State  of  Alabania.  to  issue  hII  pr<x;<?s8  of  pwG<?*4e9« 
on.  Hujll  jud>,Miiept  I'xisting  in  said  oti U lis,  except  whenQ 
tJie  Uattbd  ^jtaleS  of  Anjcrica  is  plaintilf,  and  all  other 
proeoHft,'  rnwno  or  Hnal,  necessary  to  the  perfection  of 
the.  ri^»t»-Of  »uitois  ill  wiid  federal  courts;  and  su<;h  pro- 
fi*»s.  vvheii  8o  i*»micd,  inay  run  to  any  county  in  the  {States. 
of.Alabaiim.  and  the  shoriHs  of  suid  counties  to  whick. 
»u»d  ijfoweHe  Of  prac4iSso3  uvay  be  gent  shall  receive,  exe- 
*eut»»  and  return  t-ai<l  process  or  processes  to  the  otHce 
nlienv*i  ^uid  process  or  proceSBOS  are  issued ;  and  .shall 
Vee«ava  thju  eauti  f(><is  for  etwli  service  as  uow  allowed  by 
Uw  in  the  h>tat©of  AlaU^yot^  ior  like  service,  and  shall 
be  ftubjuut   to  like  paiiiii  and  penalties  for  defaults  and 


25 

malfestsanee  in  office  in  regard  to  such  process  or  proces- 
ses as  are  now  prescribed  and  are  now  in  force  in  the 
State  of  Alabama  in  regard  to  processes  issued  under  the 
laws  of  the  said  State;  and.  such  process  or  processes, 
when  so  returned  as  aforesaid  to  said  respective  courts, 
shall  be  governed  in  all  respects  (except  as  hereinbefore 
provided)  by  the  same  rules  and  practice  as  tbe  ordinary 
pijoceas  or  processes  issued  under  the  laws  of  the  Stato-of 
Alabama. 

Sec.  9,  Be  it  farther  ordained,  That  the  United  States 
Marshals',  in  whose  hands  any  process  or  processes  ma,y 
be  running,  except  whore  the  United  States  of  America 
is  pkiiititf,  shall  execute  and  make  return  thereof  to  the 
respective  courts  above  prescribed  in  the  foregoing  sec- 
tions, and  for  any  default  in  executing  or  in  making  such 
returns,  or  for  au}'^  failure  to  pay  over  money  collected 
on  an}'  such  process  or  processes,  or  for  any  malfeasance 
in  office,  or  misconduct  of  any  kind  or  description,  in 
regard  to  said  process  or  processes,  or  in  the  performance 
of  his  official  duties,  the  several  parties  in  intciest  may 
have  tiie  same  remedies  against  tlije  said  marshal  or  mar- 
shals and  his  or  their  securities,  as  are  now  provided  by 
the.  laws  of  the  State  of  Alabama  for  like  defaults  or  mis- 
conduct of  sheriffs  of  the  several  counties  of  the  State; 
80,  also,  if  such  marshal  or  marshals  shall  have  been  guilty 
of  any  default,  malfeasance  in  office,  or  misconduct  of 
any  kind,  before  the  secession  of  the  t^tate,  by  which  the 
parties  ill  int^er^st  have  had  the  right  to  proceed  against 
said  marshal  or  marshals  and  their  securities  for  such  de- 
faults or  liability  by  motion  or  other  proceeding,  the  said 
l^arties  slvall  not  lose  such  right  by  the  secession  of  \\\^ 
State  of  Alabama,  but  shall  have  the  right  to  proceed 
to  eqforcc  the  said  claim  before  the  courts  above  speci- 
fied, in  the  same  manner  as  prescribed  in  the  i>fecedi^)g 
part  of  this  section;  and  that  such  marshal  shall  be  caiti- 
tled  to  tlre'same  pay  as  provided  by  the  laws. of  the  Uui-.- 
ted  StaiGi^  •         ., 


•26 

i^ECt  10.  Be  it^fifrlhcr  onciainc^^'Ihat  an  ixot  of  tbje 
('nii:rrc8s  oC  thcX^nitcfl  Statoe,  passed  Muy  iG,  iJ-H),  eu^ 
tiiK<l  ^'jm  act  to  prescribe  the  mode  iu  wliicli  tin?  p^biia 
aots.  recimls,  and  judicial  pr^cecdinsfd  in  eacli  State  shfyH 
be  jruthcuticated  eoas  to  fake'eliect  in  evcr}v>tl»or  i>tate/' 
jmd  .'ilso  an  act  of  the,  Congri'^.s  of  tlio  United  States, 
]tass«id  <lie>27th  day  of  March,  lbU4,  entitled  "an  act 
supjileuientafy  "to  an  act  entitled)  'nn  act  to  i»rescrib(>  tlje 
nnjde  in  wliieli  the  public  acts,  records  and  juditMal  pro* 
cecdin/c8  in  aich  State  shall  be  authenticated  so  as  to 
take  ctiect  iii  every  other  State,'""  and  which  said  acts  of 
Ceyffrofs  are  found  in  the  Code  of  Alabaniaou  >pat;e  50, 
f^rc 'hereby /adopted  as  the  Jaws  of  tbeState  of  Alal)aina, 
»nd  that  all  records,  papers,  mid  documents,  ^)f  every 
kigd  aud  d'escriptio.i>,-^utheniticated  accordiiii^  to  said 
aet,«i  of  i-onsj^ress,  shall  ]je,.to  all  intents  and  pui|»oses,  jls 
valid,  and  of  the  same  force  and  etfect,  as.if  the  State 
of  A hUjiima  had  not  seceded  from, the  UnitetJ  States  of 
AmericB.  .     «  .  ' 

'S/:r.  11.  Be  il  further  ordained:,  That  in  all  cases  in 
which  an  appetll  or  writ  of  error  from  any  judgnicntoi* 
devree  of  the  Suprarue  Court -of  .the  State  oC  Alabanja 
litt!^  been  taken  to  the  Siijircine  Court  of  the  Tnitcd- 
St:\tes  of  America,  and  which  was  pending  in  paid  Su'- 
l»remp.Court  of  the 'United  States  before  the  llth  pf  Jan- 
uary, ifSOl,  the  Sjipremo  Court  of  the  State  of  Alabama 
Bhull  jrroceed  tooxecute  such  ju(lgme;it  as  if  no  a^ipeal  ov 
writ  of  urrqr  liad  been  tidien,  and  in  all  cases  in  which  an 
appeal  bp  writ  of  ofiW  has  been  taken  from  a«y  district 
or  cln-nit  couH  of  the  United  States  of  America  lioldon  fn 
the  Star«  of  Alabama,  to  the  Supreme  Court  of  the  Uni- 
Uyi\  States  of  AtnOrica,  -and  which  was  pending  in  said 
Sxjyreme  Court  before  the  llth  day  of  January,  1861s  the 
ftppcal  shall  be  considered  as  taken  to  the  Supreme  Coui't: 
of  Mio  State  of  Alabama,  and  the  paft}^  ap^^ealing  or 
taking  sus-h  writ  of  error,  may  iilc  a  transcript  in  said 
Sciprt-nic    Court   of  the   fc^tate  of  Alabama,  within    six 


2> 

months  from  tliis  date  ;  and  said  court  shall  take  jurisdic- 
tion upon  the  same  as  if  the  appeal  or  writ  of  error  had 
been  originally  taken  to  said  Supreme  Court  of  Alabama, 
and  if  such  transcript  be  not  filed  within  the. firiie  afore-- 
said^  then  said  appeal  shall  be  null  and  void,  and  the 
proper  court  shall  proceed  to  execute  the  judgment  orig- 
.  inally  rendered.  But,  befbre  filing  such  transcript  the 
^•arty  shall  give  bond  and  security,  as  now  reC[uired  by  law 
foF  appeals  to  the  Supreme  Court  of  the  State  of  Ala- 
bama, which  bond  shall  bo  given  in  the  court  to  which 
the  cause  is  transferred  by  this' ordinance. 

Sec.  12.  Be  it  further  ordained.,  That  no  suit  in  which 
the  United  Statesof  America  is  the  party  plaintiff  against 
any  citizen  or  citizens  of  the  State  of  Alabama,  ^hall,  by 
reason  of  the  foregoing  ordinance,,  be  transferyed  to,  or 
tried,  by  any  of  the. courts  of  the  State  of  Alabama,  nor 
i^jiMill  any  ^it  be  brought  in. the  nam«  of  the- United  States 
6t  America,  in  aijy  of  the,  Courts  aforesaid,  against  any 
citizen  or  citizens  of  this  State,  until  otherwise  ordered 
by  this  Convention,  or  by  thc' General  Assembly  of  the 
State  of  Alabama. 

vSec.  13.  Be  it  fvrthcr  ordained,  That  the  federal  juris- 
diction disposed  of  in  the  above  and  foregoing  ordinance 
ahaU  be  exercised  bythe  State  courts  above  named  only 
until  the  Southern  Congress  now  contemplated  shall 
otherwise  dispose  of  the  same. 

Adopted,  January  2&,  18G1. 


?ro"*15.]  AN  ORDINANCE  •     . 

In  reference  to  the  several  Ordinances  passed'by  this  Con- 
vention in  relation  to  Federal  Aftairs. 

■Bi^it  ordrtined  by  the  people  of  the  State  of  Ata^tama  in  Con- 
fmM^^  ttsscmjikdy  That  th«  several  ord in auccs  pafised   by 


this  Ci^DVOiition,  ill  reference  to  8iiV»jc<it-s  over  wliicU  tke 
Federal  Govonnneut  liad  jurisdiction,  in)(l\:'r  tlic  Consti- 
tution of  t\tc  United  Whites,  before  the  State  of  Alabama 
eeccQpd  from  tlie  Upioo,  shall  remain  in  force  only  till 
tl^e  Provi.sional  or  Permanent  Government,  boreaitcr  to 
bccstablisbed  by  the  Sec^eding  States,  shall  exercise  its 
pOTrei-s  on  ^the  sume  subjects,  and,  by  constitutional  pro- 
vision, ordinance,  laws,  passed  by  authority  of  suo^t  Govy 
or«riHK*t,  establish  rules  and  regulations  inconsistent 
therewith. 

Adojited,  Januar}'  29,  1861. 


Xo.  10.]  •  AN  ORBmANCE 

To  prwcrve  the  Laws  of  Alabama,  and  such  OlHces, 
Rights  and  llemedies  as  are  consistent  with  the  Qrtn- 
nniiCGofvSecession,  and  with  other  Ordinances  adopted 
by  thifi  Convention. 

Skc.  L  Be  it  ordained  by  the  people  of  Alahania  in  'Oi??- 
vaUion  usi-embltidy  That  no  law  enacted,  bj  the  nuthoritj^ 
of  tl|B  ti^ate  of  Alabama,  in  force  on  the  eJ^veutb  d;ty  o£ 
JDnuary,  A.  D.  18G1,  and  consistent  with  the  Constitu- 
tion of  thitj  ytate,  and  not  inconsistent  with  the  ordi-*- 
nances  of  this  Convention,  is  alieeted  by  the  ordinance 
known  as  'the  Ordincwnje  of  Seeeeeion,  adopted  on  said 
day,  and  entitled  "an  Ordinance  to  dissolve  the  union 
y)etwoen  the  State  of  Alabama  aiid  other  States,  united 
under  the  cotupact  styled,  the  Conetjtutibn  of  tlie  United 
Sf5\tc<i^."  ...... 

Sat".  2.  No  ol^<je,  civil  or  military,  created  by  tliisi 
StijtQ,  or  untjer  autiiority  of  its  laws,  in  force  on  the 
eleventh  dtiy  of  January,  A.  ]).  1801,  and  no  officer  law- 
fully cKcrcisinp  the  powers  or  duties  of  guch  oHico,  is  af- 
fected bj-  said  Ordinance  of  Seocssiou,  except  the  oliices 


29 

of  tlie  members  of  tlie  House  of  Ueprescntativcs  niul  of 
the  Senators  of  the  Congress  of  the  United  States  of 
America,  and  these  are  abrogated. 

Sec.  8.  Ko  offense  against  the  laws  of  this  State,  com« 
thitted  before  or  since  the  adoption  of  said  Ordinance  of 
Secession,  is  affected  by  said  ordinance  ;  and  no  offender 
against  said  laws  is  relieved  or  discharged  from  the  con- 
sequences of  such  offenses  by  said  ordinance;  and  no 
amercement,  fine,  penalty,  forfeiture,  escheat,  bond,  or 
recognizance,  accruing  or  enuring,  in  "whole  or  in  part,  to 
the  State  of  Alabama,  whether  in  action  or  in  judgment, 
is  affected  by  said  ordinance. 

Sec.  4.  ]!io  bond  issued  by  authority  of  the  laws  of 
this  State,  or  bills  or  coin  lawthlly  u.«ed  as  monej'  in  this 
State,  and  no  bond,  obligation,  debt  or  duty,  due  or  owing 
to  this  State,  or  enuring,  in  whole  or  in  part,  to  this  State, 
before  or  since  the  adoption  of  said  ordinance,  is  affected 
thereby. 

Sec.  5.  Ko  process  or  proceeding  of  any  court  of  this 
•^t«te  is  affected  by  said  Ordinance, of  Secession. 

Sec.  G.  Ko  right,  title,  franchise,  easement,  license  or 
privilege  given,  granted,  or  conferred  to,  or  upon,  any  perr 
son  or  body  corporate,  under  and  by  authority  of  the  lawfi 
of  this  State,  and  no  right  of  possession  or  property,  ac- 
tion or  prosecution,  title,  claim,  contract,  agreement,  ob- 
ligation, debt,  or  duty  of  any  person  or  body  corporate, 
is  aflected  by.'said  Ordinance  of  Secession,  unless  the 
aarao  is  inconsistent  with  said  ordinance,  or  is  affected  by 
soinc  other  ordinance  of  this  Convention. 
;  SiiC.  7.  No  rights  acquired,  or  vested  in  any  l)0<ly  cor- 
porate under  the  Constitution  of  the  United  States,  or 
under  any  act  of  Congress  passed  in  pursuance^th^rcof, 
or  uiK>er  any  law  of  this  State,  twid  nM  Incompatible  with 
aaid  Ordinance  of  Secession,  is  affected  by  eaid  ordinaneci 

Adopted  January  2S,  IM\. 


30 
Ko.  17.]  AN  OKD^XANOE 

Cojicerning  Foreign  Coin. 

Be  a  ordabkcd  by  the  people  of  Aiabahid  in  Convention  as> 
itmhle4,  That  the  laws  of  the  Umted  ibt^tos,  late  in  for^e 
iti  this  »^t:itCj  relating  to  the  denoininatidn  an(l  value  of 
the  gold  and  silver  coin  of  the  United  Sta<-cp,  ami  other 
foreign  (J-oyntrles,  shivH  ,be  adopted  as  the  laws  of  this 
State  until  pthcrvvise  provided;  and  such  coins  sliall  be 
a  legal  tender  in  this  State,  a.t  the  value  now  fixed  "by  such 
laws, 

Adoptqdj  January  24,  1861. 


Xo.  Ib.j  AX  ORDINANCE 

Yoi  the  Issuanc/B  of  State  Bonds. 

Be  it  ittdarrd  and  orddijied',  and  U  is  hcvcbi)  decldrM  firr4  of-' 
dained,  bg  tin;  people  of  Alabama,  b\j  thcu'  I)ekf/ates^i)i  Con- 
rdition  /ifscmljlcd',  That,  in  order  to  provide  for  the  payment 
6f^  any.extraovdinary  expenses  of  the  State  Government, 
tlje  General  Assembly  of  this  State  shall  have  power  to 
canac'  to'  he  issued  bonds  of  the  State  of  Alabama,  to  sneh 
i\\\  amount  and  in  ench  sums  as  they  may  deem  besjt, — 
the  jtrincipal  aod  interest  to  be  made  payable  at  such  tini« 
and  fdace,  and  at  s^ich  rate,  as  th<?  General  Assembly  may 
prescribe,  and  the  faith  and  credit  of  the  State  to  stand 
j)ledgfe(}  |or  the  punctual  payment  of  principal  and  inter- 
est of  snch  boiids. 

Adopted,  J auuar^-  10,  18G1. 


31 
No.  19.]  AjN"  ordinance 

To  make  Provisional  Postal  Arrangements  in  Alabama. 

Be  it  ordained  by  the  people  of  Alabama  in  Convention  as- 
semblcd,  That  the  postal  contracts,  arrangements  and  reg^ 
Illations,  in  force  on  the  eleventh  daj^  of  Januaiy,  A.  D. 
eighteen  hundred  and  aixty-one,,are  permitted  to  bo  con- 
tinued, and  the  persons  charged  with  the  duties  thereof 
are  permitted  to  continue  to  discharge  such  duties  until 
a  postal  treaty,  or^  treaties,  shall  be  concluded,  or  until 
otherwise  ordered  or  provided  by  the  authority  of  this 
State. 

Adopted,  January  15, 1861. 


No.  20.J  ^     AN  ORDINANCE 

Supplemental  to  an  Ordinance  to  make  Provisional  Pos- 
tal Arrangements. 

Be  it  ordained  by  the  people  of  Alabama  in  Convention  as- 
sembled, That,  until,  such  time  as  a  Provisional  or  Perma- 
nent Government  is  established,  of  wdiicli  Alabama  shall 
become  a  member,  the  General  Assembly  of  the  tState  of 
Alabama  has  full  power  and  authority  to  makeproviaional 
postal  arrangements  for  this  State. 

Adopted,  January  20,  1861. 


RJEii401LilJ^ri01S^. 


'  RESOLtTTIONS 

In  relatioti  to  the  formation  of  a  Provisional  and  Perma» 
nent  Government  between  the  Seceding  States. 

licsoked,  That  this  Convention  cordially  approve  of 
the  snggestions  of  the  Convention  of  the  people  of  South 
.Caroliiiii  to  meet  tlicm  in  Convention  at  Mont<2:()niory,  in 
the  State  of  Alabama,  on  the  fourth  day  of  February) 
18G1,  to  frame  a  Provisional  Government,  upon  the  prin* 
ciplcs  of  the  Constitution  of  the  United  States,  and  also 
to  prepare  and  consider  upon  a  plan  for  the  creation  and 
eatahllshment  of  a  Permanent  Government  for  the  seoed* 
ingt^tatOHi,  upon  the  same  principles,  which  shall  be  sub- 
mitted to  CJonventions  of  such  seceding  States  for  adop- 
tion, or  rejection. 

Hesvlvrd,  That  wc  approve  of  the  suggestion  that  each 
State  shall  «end  to  said  Convention  as  many  Deputies  as 
it  now  hat*,  or  has  lately  had,  Senators  and  Rc'j>rcscnta- 
tives  in  the  Congress  of  the  United  States;  and  that  each 
State  shall  have  one  vote  ujion  all  questions  upon  which 
a  vote  may  be  taken  in  fuid  Convention. 

'Mesolctd^  therefore,  That  this  Convention  will  proceed 
to  eli'ct,  by  ballot,  one  Dt'[»uty  from  each  Congressional 
t)i8trit't  in  this  State,  and  two  Deputies  from  the  State  at 
large,  ul  twelve  o'clock,  meridian,  on  Friday,  the  18th  of 
January  instant,  who  shall  be  authorized  to  meet  in  Con- 


33 

veution  such  Deputies  as  may  be  appointed  by  tlie  otlier 
slaveholding  States  who  may  secede  from  the  Federal 
TTnion,  for  the  purpose  of  carrying  into  effect  the  forego- 
iuirand  the  resohitions  attached  to  the  Ordinance  dissolv- 
ing  the  Union  ;  and  that  Deputies  shall  be  elected  separ- 
ateh',  and  each  Deputy  shall  receive  a  majority  of  the 
members  voting. 
Adopted,  January  17,  1861. 


EESOLUTION 

In  relation  to  the  Navigation  of  the  Mississippi  Kiver. 

Whereas,  the  navigation  of  the  Mississippi  river  is  a 
question  in  which  several  Northern  States  and  Southern 
States  yet  in  the  Federal  Union,  are  deeply  interested  ; 
and  whereas,  the  people  of  the  State  of  Louisiana  are 
about  to  consider  of  the  propriety"  of  seceding  from  said 
Union ;  and  whereas,  this  is  a  subject  which  will  properly 
come  under  the  consideration  of  the  Convention  of  Se- 
ceding States  to  meet  on  the  fourth  day  of  February — 

Be.  it  resolved^  That  it  is  the  deliberate  sense  of  this 
Convention  that  the  navigation  of  the  Mississippi  river 
to  the  people  of  the  States  and  Territories  of  the  Federal 
Union  upon  it  and  its  tributaries,  should  remain  free,  and 
that  no  restriction  upon  this  privilege  should  be  made, 
further  than  may  be  necessary  for  tonnage  duties  to  keep 
open,  and  make  safe,  the  navigation  of  the  moutli  of  said 
river,  and  lor  purposes  of  protection  against  a  belligerent 
and  unfriendly  people. 

Adopted,  January  25,  1801. 


84 

RESOLUTION 

lu  relation  to  the  African  Slave  Trade. 

WnKREAP,  the  people  of  Alabama  arc  opposed,  on  the 
grounds  of  public  policy,  to  the  re-opening  of  the  African 
Slave  Trade ;  therefore, 

Bcsolved,  That  it  is  the  will  of  the  people  of  Alabama 
that  the  Deputies  elected  by  this  Convention  to  the 
Southern  Convention,  to  meet  nt  the  city  of  Montgomery 
on  the  fourth  day  of  February  next  to  form  a  Southern 
Republic,  be,  and  they  are  hereby,  instructed  to  insist  on 
the  enactment  by  said  Convention  of  such  restrictions  as 
^viIl  t'ltectually  prevent  iho  re-opening  of  the  African 
Slave  Trade. 

Adopted,  January  28,  1861. 


OMr>t]srA.ivoKi5;. 


Tfl8  State  oP  Alabama* 

At  a  Convention  of  the  People  ot  the  State  of  Alabama, 
begun  and  holden  at  Moutgomeiy,  on  the  fourth 
day  of  March,  in  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  sixty-One,  and  continued  to  the 
twenty -first  day  of  March  in  the  same  year. 

No.  21.]  AN  ORDINANCE 

For  the  purchase  of  Provisions. 

Be  it  ordained  bit  the  people  of  Alabama  in  Convention  aS' 
sembl.cd,  That  the  Governor  of  this  State  be,  and  he  is 
hereby  authorized  to  appoint  an  agent  whose  duty  it  shall 
be  to  make  purchases  of  provisions  and  stores  for  the 
troops  of  the  State,  from  time  to  time,  as  the  same  may 
be  required.  And  the  said  agent  shall  be  at  all  times 
subject  to  the  control,  order  and  direction  of  the  Gover- 
nor in  the  matters  aforesaid,  and  may  be  dismissed  from 
the  public  service  at  the  pleasure  of  the  Governor. 

Be  it  further  ordained^  That  the  rate  of  compensation 
allowed  to  the  aaid  agent  shall  be  settled  by  agreement 
with  the  Governor,  which  agreement  shall  be  reduced  to 
writing:,  and  filed  in  the  Executive  Department  of  the 
State. 

Be  it  further  ordained,  That  said  agent  shall  give  bond 
and  security,  to  be  approved  by  the  (iovernor,  which  said 
bond  shall  be  iiu-roasud  in  amount  fi-'Ui  time  to  time,  as 
the  Governor  shall  <iirect. 


Be  it  ^further  ordained,  Tliat  in  fiuita  npon  any  bond  pro- 
vided for  in  the  tbrc^oinc:  section,  no  objection  as  to  form 
•ball  bo  allowed,  i!<^r  shall  any  |»1' ."  '-•  ■.•■  ''.■>!  ox-oitt  a 
jiloa  to  the  merits. 

JRe  U  further  vrthi /led,  That  the  sums  of  money  neces- 
«arv  to  carry  into  clfect  the  forcgoinjEr  ordinance,  nwny  h^ 
borrowed  by  the  Governor,  and  he  is  hereby  authorized 
and  empowered  to  execute  bonds  for  the  same  in  the  name 
of  the  State:  Provided,  howeier,  that  no  such  bond  shall 
have  les8  than  twelve  months  to  run,  nor  carry  a  higher 
rate  of  interest  than  eight  per  centum  per  niiniuii. 

Approved,  Januajy  14,  IHtll. 


No.  22.]  W   ('{■M»[y.\\^rK 

To  turn  over  to  the  LJoveiinnt'iit  ot  tlio  C'onfcdorate  ' 
States  the  Arms  and  MuJiitions  of  AVar  beloniriiig  to  V 
tliia  8tatc,  and  for  other  purposes. 

>i '  .  I .  Be  U  ordained  by  the  people  of  Alabama  in  Con- 
levtion  assembled.  That  the  control  of  all  military  opera- 
tions in  this  State,  having  reference  to,  or  connection 
with,  fjuestions  between  this  State  and  other  States,  or 
any  power  foreign  to  them,  shall  be  turned  over  to  the  ^M 
iVovisional    Government  of   the  Confederate   States  of 

> icft,  to  bo  exercised  by  said  Government. 

.2.  And  be  it  further  ordained,  That  the  State  of 
Alabama  hereby  turns  over  to  the  Provisional  Govern- 
ment of  the  C'onfedorato  States  ot  America  all  arms  and 
munitions  of  war  which  liave  been  acquired  from  the  late 
T'niftMl  States,  and  which  are  now  in  the  forts  and  arse-  \ 
na!«  in  this  Stat'-;  and  that  the  Governor  of  this  State 
shall  have  power  to  make  a  similar  disposition  of  any 
Other  arms  and  mnnitiona  of  war  which  belong  to  this  v 
State,  e.xcepting  muskets,  rillcs  and  small  arms  :  Provided, 
Thiif  til.-  s:.i.l  (;,,v,.r.MM..ni  "f  t lie  Confederate  States  shall 


37 

account  for  all  sncli  arms  and  munitions  of  war  as  are 
hereby  turned  over. 

Skc.  3.  And  be  it  further  ordained,  The  transfer  provi- 
ded for  in  this  ordinance  shall  he  conducted  on  the  part 
of  this  State  by  the  Governor  thereof. 

Adopted,  March  0,  18G1. 


Is^o.  23]  AX  ORDINANCE 

To   provide  for  the  transfer  of  certain   Troops  therein 
mentioned  to  the  Confederate  States  of  America. 

SiiC.  1.  Be  it  ordained  hi/  the  people  of  Alabama  in  Con- 
■cntioii  assembled,  That  the  Governor  of  this  State  bo,  and 
]je  is  hereby,  authorized  and  empowered  to  transfer  and 
turn  over  to  the  Confederate  States  of  America,  all  the 
non-commissioned  officers,  musicians  and  privates  who 
have  been  enlisted,  or  may  be  enlisted,  under  the  provi- 
sions of  an  ordinance  entitled  "an  Ordinance  to  provide 
for  tiic  military  defense  of  the  State  ot  Alabama,"  adopt- 
ed January  19tb,  18G1. 

Skc.  2.     Be  it  farther  ordnim-d,  That  ihc  coniiiii?siuned 

ifticcrs  of  said  enlisted  men,  appointed   under  the  provi- 

ions  of  said  ordinance,  may  be  transferred  to  the  service 

of  the  Confederate  States  of  America,  upon  terms  to  be 

ai^reed  upon   by  the  Governor  of  the   State  of  Alabama 

11(1  the  President  of  the  said  Confederate  States. 

Slc.  3.  Be  it  farik.r  ordained,  That  the  Governor  of 
this  State  be,  and  he  is  hereby,  authorized  and  cmpow- 
red  to  transfer  all  volunteer  companies  whose  services 
have  been  accepted  by  him,  or  whose  services  may  here- 
after bo  tendered  and  accepted,  under  the  provisions  of 
said  ordinance,  to  the  Confederate  States  of  America,  to 
be  employed  by  the  President  thereof,  at  such  points  as 
may  be  doenu'd  best  for  the  common  defense:  /'  '  '. 
Ao^rear,  that  the  assnit  of  such  volunteer  compani' 


38 

first  bo  obtained  to  such  transfer,  and  a  certificate  of  such 
a8»<Mt  8liall  l»c  ir.:ule  upon  the  muster  rolls  of  each  com- 
paiiv,  and  signed  by  tlio  Captain,  or  oonniuindinc"  oHicer 
of  the  company  ;  and  any  nioraber  of  the  company  with- 
holding his  assent,  m«iy  be  discharjjed,  or  empk)yed  in 
tho  srrvii'e  of  the   State,  at   the  dlHeretion   of  the    (lov- 

crn-'f. 
Adopted,  March  11,  l8til. 


No.  24.]  AN  ORDINANCE 

To  give  efficiency  to  the  ordinance  of  19th  January,  1861, 
"to  provide  for  the  Military  Defense  of  the  State  of  Ala- 
bama." 

Sec.  1.  J3c  it  ordained  by  the -people  of  Alabama  in  Con- 
vention assembled,  That  the  Governor  is  authorized  to  ap- 
point one  Surgeon,  and  not  exceeding  two  Assistant  Sur- 
geons, for  the  service  of  the  three  years'  recruits,  who 
shall  be  assigned  to  duty  as  the  Governor  may  direct,  and 
who  hhall  be  entitled  to  the  same  rank,  pay  and  emolu- 
ments, when  ordered  into  service,  as  Surgeons  and  Assist- 
ant Surgeons  in  the  army  of  the  United  States. 

Si;r.  2.  Be  i(  further  ordavcd.  That  in  all  cases  where 
volunteers  have  been  accepted  lor  twelve  mojitl  s,  and 
have  not  l)een  organized  into  a  regiment,  the  Go\crnor 
is  authorized  to  ap|)oint  Surjjeons  and  Assistant  Surgeons 
for  8uch  voluhteerw,  not  exceeding  one  Surgeon  and  one 
Assistant  Sursreon  for  every  live  hundred  volunteers  ac- 
tually in  service,  who  shall  be  assigned  ti^  duty  as  the 
(lovernor  shall  direct,  and  shall  hold  their  commissions 
until  sucii  volunteers  are  organized  into  a  regiment,  and 
retrimental  Surgeons  and  Assistant  Surgeons  appointed  j 
an»l  the  Surgeons  and  Assistants  shall,  while  in  service, 
be  entitled  to  the  same  pay  and  emoluments  as  provided 
by  the  first  section  of  this  ordinance. 

Adopted,  March  12,  IHtJl. 


39 
No.  25.]  AN  ORDINANCE 

To   regulate  the  Staff  of  the   Major-General   appointed 

under  the  Ordinance  of  19th  January,  1861. 

« 

Sec.  1.  Be  it  ordained  by  the  ijeople  of  Alabama  in  Con- 
vention assembled,  That  thestaff  of  the  Major-General,  ap- 
pointed under  the  provisions  of  an  ordinance  entitled  "an 
Ordinance  to  provide  for  the  military  defense  of  the  State 
of  Alabama,"  adopted  January  the  19th,  1861,  shall  be 
the  same  as  that  of  a  Major-General  of  the  militia  of  the 
State  of  Alabama,  and  shall  be  appointed  by  said  Major- 
General. 

Adopted,  March  12,  1861. 


No.  26.]  AN  ORDINANCE 

To  provide  for  the  sale  of  Provisions  belonging  to  this 
State,  and  for  other  purposes. 

Sec.  1.  Be  it  ordained  by  the  State  of  Alabama  in  Con- 
vention assembled,  That  the  Governor  of  Alabama  is  au- 
thorized to  sell  to  the  Confederate  States  of  America,  all 
provisions  and  military  and  Quartermaster's  stores  not 
needed  by  this  State.  And  in  the  event  the  Confederate 
States  shall  not  purchase  all  of  said  stores  or  provisions 
as  will  not  be  needed  by  this  State,  then  the  Governor 
shall  dispose  of  them  at  his  discretion. 

Adopted,  March  12th,  1861. 


-to 

No.  -7  J  AX  OKDIXAXCE 

To  confer  upon  the  Government  of  the  Confederate  States 
of  America  jurisdiction  over  the  Custom  House  aud 
Miuiiic  Hospital,  at  Mol»ih*,  and  eortain  Liglit  lluuset*, 
Li-^-lits  and  Buoys,  in  Mobile  Bay,  and  for  otli<r  pur- 
poses. 

Sec.  1.  Be  it  ordained  b}f  the  people  of  Alabama  iii  Con- 
r  ^f(d,  aiul  it  is  hcrcbi/ 01'daifud  lii/ llt(  av;'  >' 

li'  ,    1  I  at  the  Government  of  the  Confederal  - 

of  America  is  hereby  authorized  to  use,  occupy  and  hold 
possession  of  the  lot  and  tenement  in  the  city  of  I\Iobile, 
knowu  and  designated  as  the  United  States  Custom 
llourte,  and  also  the  lot  and  tenement  known  and  desig- 
nated as  the  United  States  Marine  Hospital,  and  their 
appurtenances;  and  that  the  same  Government  is  fnrtlier 
authorized  to  use,  hold  and  occupy,  and  take  under  its 
rhargo  and  control,  the  Light  Houses  at  Choctaw  I'oint, 
Mobile  Point,  and  Sand  Island,  and  the  Range  Liglit  and 
Buoys  in  Mobile  Bay,  and  to  repair,  and  rebuihl,  and 
alter  the  same,  in  its  discretion  it  may  deem  advisable  for 
the  public  interests. 

Si-:c.  2.  And  be  it  furlin r  iiidaimd,  That  the  Jirvenue 
Cutter,  Lewis  Cass,  attached  to,  and  in  the  service  ot  said 
Custom  House,  be,  and  is  hereby,  turned  over  to  the  Gov- 
ernment of  the  Confederate  States  of  America. 

She.  iJ.  And  be  it  further  ordained,  That  this  ordinance 
shall  be,  and  remain  in  full  force  until  repealed  by  a  Con- 
vention of  the  j)eoi)le  of  Alabama. 

Adopted,  March  12,  18lil. 


41 
N"o.  28.]  AN  ORDINANCE 

To  transfer  to  the  Government  of  the  Confederate  States 
of  America  the  money  in  the  hands  of  the  Collector  at 
the  Port  of  Mobile. 

Sec.  1  Be  it  ordaimd  bij  the  peoi~)le  of  Alabama  in  Con- 
vention assembled,  and  it  is  hereby  ordained  by  aidlioriiy  of  the 
same,  That  the  Collector  at  the  Port  of  Mobile  is  hereby 
authorized  and  instructed  to  pay  over  to  the  proper  De- 
partment of  the  Government  of  the  Confederate  States 
of  America,  all  such  moneys  as  he  may  have  had  in  hand 
at  the  date  of  his  report  to  the  Governor  of  the  State  of 
Alabama,  on  the  first  day  of  March,  A.  D.  1861,  and  all 
such  as  may  have  been  since  received  in  payment  of  du- 
ties, or  on  bonds  given  for  duties,  or  that  may  be  so  re- 
ceived up  to  the  date  of  the  proposed  transfer  to  the  Gov- 
ernment of  the  Confederate  States;  and  that  he  be  au- 
thorized to  take  from  said  Government  receipts  and.  ac- 
quittances for  the  same  :  Provided,  that  the  said  Govern- 
ment of  the  Confederate  States  shall  account  for  all  such 
moneys  as  it  may  receive  under  this  ordinance  upon  a 
general  settlement  of  its  affairs  with  the  Government  of 
the  United  States. 

Sec.  2.  A7id  be  it  further  enacted,  That  upon  a  full 
compliance  with  this  ordinance,  and  the  production  to  the 
Governor  of  the  State  of  satisfactory  evidence  from  the 
government  of  the  Confederate  States  that  it  has  been  com- 
plied with,  the  Governor  be,  and  ho  is  hereby,  authorized 
to  cause  to  be  cancelled  the  ofHcial  bond  heretofore  given 
by  the  said  Collector  to  the  State  of  Alabama,  under  a 
former  ordinance  of  this  Convention,  and  now  on  file 
among  the  archives  of  the  State. 

Adopted,  March  12,  1861. 


42 

No.  29.]  AN  ORDINANCE 

111  relation  to  the  2cl  Volunteer  Kegiraent  of  Alabama, 
and  for  other  purposes. 

Be  it  ordained  bi/  the  people  of  the  State  of  Alabama  in  Con- 
vention o^scmbled^  That  the  ordinance  of  Jmuary  23<1,  18G1, 
"to  ro-orijanize  the  militia  of  the  State  of  Alabama," 
does  not,  and  was  not  intended  to  apply  to  any  volunteer 
reginu'nt  or  company  of  Alabama  then  in  the  actual  ser- 
vice of  the  State. 

Sec.  2.  Be  it  further  ordained,  That  the  commissions 
hereafter  issued  to  the  officers  of  said  regiments  or  com- 
panies, are  hereby  contirmed  ;  and  the  Governor  of  the 
State  is  hereby  empowered  to  issue  commissions  to  offi- 
cers of  said  regiments  or  companies,  elected  or  appointed 
according  to  the  constitution,  rules  and  regulations  of  the 
same,  in  case  of  vacancy  by  death,  removal  or  other  cause  : 
Prociil'd,  that  the  foregoing  ordinance  may  at  any  time 
be  altered,  amended,  or  repealed,  by  the  Legislature  of 
the  State. 

Adopted,  March  13th,  1861. 


No.  30.]  AN  ORDINANCE 

To  ratify  and  adopt  the  Oonstitntion  of  the  Confederate 
States  of  America. 

Be  it  ordained  by  the  people  of  Alabama  in  Convention  as- 
sembled, That  the  Constitution  framed  and  adopted  on 
the  11th  day  of  March,  1861,  by  the  Deputies  from  the 
States  of  South  Carolina,  Georgia,  Florida,  Alabama, 
Missirtsijipi,  Louisiana  and  Texas,  in  Convention  assem- 
bled, at  Montgomery,  Alabama,  be,  and  the  same  is  here- 
by, ajiproved,  ratified  and  adopted,  as  the  Federal  Consti- 
tution for  the  people  of  Alabama. 

Done  in  Convention  on  the  13th  day  of  March,  1861. 


43 
No.  31.J  AN  ORDINANCE 

In  reference  to  the  construction  of  all  chanffes  made  in 
the  Constitution  of  the  State  of  Alabama, 

Sec.  1.  Be  it  ordained  by  the  people  of  the  State  of  Ala- 
bama in  Coiicention  assembled,  That  no  change  made  in  the 
Constitution  of  the  State  of  Ahibama  by  this  Conven- 
tion shall  have  the  effect  to  divest  any  right,  title,  or  legal 
trust,  existing  at  the  time  of  making  such  change.  But 
all  such  changes  shall  have  a  prospective,  and  not  a  re- 
trospective effect,  unless  otherwise  declared  in  the  change 
itself. 

Adopted,  March  14,  1861. 


No.  32.]  AN  ORDINANCE 

To  confer  jurisdiction  over  the  Forts  and  Arsenals  in  the 
State  of  Alabama  upon  the  Confederate  States  of 
America. 

Sec.  1.  Be  it  ordained  by  the  people  of  Alabama  in  Con- 
vention assembled^  That  the  Provisional  Government  of  the 
Confederate  States  is  hereby  authorized  to  use,  occupy, 
and  hold  possession  of  all  forts,  navy  yards,  and  arsenals, 
and  their  appurtenances  in  this  State,  and  shall  repair  and 
re-build  said  forts  and  arsenals,  at  its  discretion,  until  this 
ordinance  is  repealed  bj-  a  convention  of  the  people  of 
this  State. 

Adopted,  March  14,  1861. 


44 

Np.  88.]  AX  OKDINANCE 

To  amend  certain  pjirts  of  Chapter  one,  of  Title  two,  of 
Part  two,  of  the  Code  of  Ahihania,  so  as  to  place  the 
lmlder«j  of  Stocks  of  the  Oonfo«lerate  States  of  America, 
an«l  of  the  State  of  Alabama,  on  equal  footing  with 
the  holders  of  United  Slates  Stocks. 

Si  1  .  1 .  /<<  it  ordained  by  (he  2Jcople,of  the  Slate  of  Ala- 
hauKi  ill.  Convention  assembled,  That  section  1373  of  the 
Code  o(  Alabama  be  amended  b}-  striking  out  the  words 
"United  States,"  where  they  occur,  and  inserting  in  lieu 
thereof  the  words  "Confederate  States  of  America." 

Sk<'.  2.  Be  it  further  ordained^  That  section  1375  of 
the  C-iUe  of  Alabama  be  amended,  by  striking  out  all 
except  the  number  thereof  and  inserting  in  lieu  thereof 
the  w<irtlti  following:  "On  legally  transferring  to  the 
Cninpirollor  sufh  portion  of  the  stock  of  the  CVmfedcrate 
States  of  America,  or  of  the  StsUe  of.Alabaina,  as  is  i»rc- 
scribcd  by  section  1376  of  thix  Code,  such  person  or  asso- 
ciation desirous  to  engage  in  the  busjiness  of  banking  in 
thiA  State,  or  engaged  in  such  business  in  this  State,  is 
entitled  to  receive  from  the  comptroller  an  amount  of 
such  conntersigned  notes  e{iual  to  double  the  market 
value,  but  not  to  exceed  double  the  amount  of  the  par 
value  of  such  stocks.  And  any  person  or  association  en- 
L^V-^'d  in  such  business,  having  deposited  with  the  Comp- 
1  Killer  any  stoeks  of  the  United  States,  or  of  any  other 
State,  under  the  law  as  heretofore  existing,  may  withdraw 
such  stocks  upon  lirst  dejiosifeing  with  the  Comptroller  an 
amount  of  the  stocks  of  the  Confederate  States,  or  of  the 
State  of  Alabama,  equal  in  value  to  the  amount  of  the 
stocks  of  t,he  United  States  of  America  so  withdrawn. 
But  no  person  not  a  citizen  of  this  State,  and  no  foreign 
corporation  shall  hereafter  engage  in  the  business  of  bank- 
ing in  this  State,  nor  shall  in  any  way  be  a  stockholder 
in  a  hank  under  the  provisions  of  this  law;  but  nothing 
herein   contained  shall  atiect  the  rights  of  any  person  or 


associarion  nowensiia^ea  i n  fn e b u 51  n g^oT  oa n ki n g  u n a er 
the  provisions  of  the  law  as  herv:-  .ifore  existing." 

Sec,  3.  Be  it  further  ordained^  That  section  1393  of  the 
Code  of  Alabama  be  amciulod  b}'  striking  out  the  words 
"United  States,"  where  the}'^  occur.-and  inserting  in  lieu 
thereof  the  words  "Confederate  States  of  America." 

Sec.  4.  Be  it  further  ordained.  That  the  next  or  any 
subsequent  Legislature  may  require  any  Free  Bank,  now 
or  hereafter  organized  under  this  law,  to  retire  its  circu- 
lation so  as  to  reduce  the  amount  of  the  same,  to  an 
amount  not  to  exceed  the  market  value  of  the  bonds  de- 
posited with  the  Comptroller,  and  the  amount  so  retired 
shall  be  returned  to,  and  cancelled  by,  the  Comptroller. 

Adopted,  March  16,  1861. 


N'o.  34.]  AN  ORDINANCE 

To  lay  off  the  State  of  Alabama  into  nine  Congressional 

Districts. 

Sec.  1.  Be  it  ordained  by  the  ]yeo2)le  of  Alabama  in  Con- 
vention assembled;  That  for  the  election  of  representatives 
in  Congress  of  the  Confederate  States  of  America,  this 
State  is  divided  into  nine  Congressional  Districts,  as  fol- 
lows: The  first  District  is  composed  of  the  counties  of 
Lauderdale,  Franklin,  Lawrence,  Limestone,  Madison, 
and  Morgan ;  the  second  District  of  Marion,  Winston, 
Blount,  Jefferson,  "Walker,  Tuscaloosa,  and  Fayette;  the 
third  District  of  the  counties  of  Jackson,  Marshall,  De- 
Kalb,  Cherokee,  and  St.  Clair;  the  fourth  District  of  the 
counties  of  Calhoun,  Randolph,  TalKadcga,  and  Shelby; 
the  fifth  district  of  the  counties  of  Bibb,  Perry,  Marengo, 
Greene,  Pickens,  Sumter,  and  Choctaw;  the  sixth  Dis- 
trict of  the  counties  of  DaUas,  Autauga,  Coosa,  Lowndes, 
Butler,  and   Montgomery:  the  seventh  District   of  the 


40 

coUntle-i  v)f  Tallapoosa,  Cliambers,  Russell,  and  Macon  ; 
the  eiglith  District  ol  lie  counties  of  Barbour,  llenry^ 
Dale,  Coflee,  Pike,  and  Covington ;  the  ninth  District  of 
the  counties  of  Conecuh,  Monroe,  Wilcox,  Clarke,  Wash- 
ington, Mobile,  and  Baldwin. 

fSEc.  iJ.  JBe  it  farther  ordained,  That  the  sherifls  of  the 
counties  of  Lawrence,  Walker,  Marshall,  Talladega, 
Greene,  Lowndes,  ^Llcon,  Dale  and  Monroe,  are  the  re» 
turning  otHcers  of  their  respective  Congressional  Dis- 
tricts, and  the  sheriffs  of  the  other  counties  in  their  dis* 
trict  must  make  returns  to  the  returning  officers  above 
mentioned  as  now  prescribed  by  law, 

Se(\  '}.  Be  it  further  ordained^  That  the  ordinance  be, 
and  the  same  shall  remain,  in  full  force  until  otherwise 
provided  by  the  General  Assembly  of  the  8tate  of  Ala- 
bama. 

Adopted,  March  18,  1861. 


No.  35.]  AK  ORDINANCE) 

To  rc.-^trict  the  Legislature  in  reference  to  the  creation  of 

debts. 

Sec.  1.  lie  it  ordained  bij  the  peoj^le  of  the  Stat*:  of  Ala- 
hanm  in  Convention  assembled^  That  the  General  Assembly 
shall  not  borrow  or  raise  money  on  the  credit  of  the 
State,  except  for  purposes  of  military  defense  against  ac* 
tual  or  threatened  invasion,  rebellion,  or  insurrection. 
Unlcps  two-thirds  of  the  members  elected  to  ea«^h  house 
shall  ct)ncur.  Nor  shall  the  debt  or  liabilities  of  any  cor* 
poralioii,  person  or  persons,  or  other  State  be  guarantied, 
or  any  money,  credit,  or  thing  loaned,  or  given  away, 
UnleB.-s  by  ii  like  concurrence  of  each  house,  voting  in 
cascH  [irovided  for  in  tliiw  section  by  ayes  and  noes,  to  be 
placed  uiion  the  Journals. 

Adopted,  March  18,  IHUL 


47 

I?o.  m.]  A1^  ORDIKAIIOE 

To  provide  for  the  payment  of  interest  setni-annnally  on 
the  bonds  issued  under  the  act  of  the  Legislature  of 
29th  January,  1861. 

Sec.  1.  Be  it  ordained  by  the  Co'ivention  of  the  pcoj)le  of 
Alabdma  in  General  Assembly  convened,  That  the  bonds 
issued  under  the  act  of  the  Legislature  of  Alabama  enti- 
tled "an  act  to  raise  money  to  provide  for  the  military  de- 
fensc  of  the  State  of  Alabama,"  shall  bear  interest  at  the 
rate  of  eight  per  centum  per  annum,  payable  semi-an- 
nually. 

Sec.  2.  Be  it  farther  ordained,  That  the  Governor  shall, 
in  his  discretion,  make  the  said  bonds  and  the  interest  on 
said  bonds,  or  any  of  them,  payable  at  any  Bank  in  the 
city  of  Mobile,  or  elsewhere. 

8ec.  3.  Be  it  further  ordained^  That  nothing  in  this 
ordinance  shall  apply  to  the  bonds  which  have  been,  or 
may  be,  taken  by  the  suspended  Banks,  and  that  such 
bonds  shall  be  governed  by  the  act  of  the  Legislature 
mentioned  in  the  first  section  of  this  ordinance. 

Adopted,  March  18,  1861. 


Ko.  37.]  AK  ORDINAIn^CE 

To  amend  and  construe  an  ordinance  entitled  *'an  Ordi« 
nance  to  provide  for  the  military  defense  of  the  State  of 
Alabama,*'  adopted  January  19th,  1861. 

Sec.  1.  Whereas,  heretofore  a  portion  of  the  volun- 
teer force  of  the  State  of  Alabama  has  been  called  into 
eervice  under  and  by  virtue  of  an  order  of  his  Excellency, 
the  Governor;  and  whereas,  doubts  have  aris'u  as  to 
whether  there  be  any  appropriation  out  of  which  they 
can  be  paid ; 


48 

Be  »Y,  thnefore,  ordained  hy  the  people  of  Alabama  in  Con- 
f  (    '  "   ■    That  it  shall  and  may  be  lawful  to  pay 

ll  r  force,  together  with  all  necessary  ex- 

penses for  transportation,  clothing  and  sabsistence,  &c., 
while  in  the  actual  service  of  the  State,  (whether  in  or 
out  of  the  State,)  from  the  money  appropriated  by  an  act 
of  the  General  Assembly  of  the  State  of  Alabama,  enti- 
tled "an  act  making  appropriations  for  the  military  de- 
fense of  the  State,"  apjiroved  February  Gth,  18(31,  any 
thing  in  said  ordinance  to  the  contrary',  notwithstanding. 

Adopted,  March  19,  18G1. 


No.  3S.]  AX  OHBIXANCK 

To  mukc  i>rovision  to  pay  a  certain   Military-  Compau}- 
therein  named. 

Pfc.  1.  Be  it  ordaimd  by  the  people  of  Alabama  in  Con- 
?•'  'luhled,  That  the  Governor  of  the  State  be,  and 

lie  IS  jn  Toby,  authorized  to  settle  the  account  of  the  Gov- 
ernor'*<  Guard  against  the  State  for  rations  to  which  the 
said  company  was  entitled  whilst  in  the  service,  at  the 
rate  per  ration  established  by  the  army  regulations. 

A(l,.i.t((1.  Miirch  1!i.  'S(jl. 


No.  8!».]  AX   nlJDlXAXClO 

To  alhnv  Mileage  to  John  R.  Kenan  and  John  F.  Welch. 

Si;c.  1.  I]e  it  ordained  by  (he  people  of  Alabama  in  Con- 
viiiinm  assembled,  Thot  .lohn  U.  Kenan  and  John  F. 
Welch,  of  the  county  of  Shelby,  be,  and  they  are  hereby^ 
allowed  mileage  to  and  from  their  residences  in  said  coun- 


49 

ty,  and  per  diera  for  the  time  they  were  actually  in  attend- 
ance at  the  seat  of  Government,  in  connection  with  the 
contest  of  "the  election  of  Delegates  to  this  Convention 
from  the  county  of  said  Shelby,  and  that  the  Comptroller 
is  hereby  authorized  and  required  to  issue  his  warrant  to 
said  parties  for  mileage  and  per  diem  as  aforesaid,  agree- 
able to  the  law  reguhiting  mileage  and  per  diera  of  mem- 
bers of  this  Convention,  upon  ailidavit  by  said  parties  of 
the  distance  traveled,  and  time  in  attendance  at  the  capi- 
tol  as  aforesaid. 

Adopted,  March  11),  18G1. 


Is^o.  40.]  AN  ORDINAls^CE 

To  provide  for  certain  expenses  in  preparing  the  Acts  and 
Journals  of  the  hite  (called)  Session  for  the  press,  and 
the  distribution  of  the  same,  and  for  other  purposes. 

Sec.  1.  Be  it  ordained  b>j  the  pcojjlc  of  the  State  of  Ala- 
bama in  Convention  assembled,  and  it  is  hereby  ordained  by  the 
authority  of  the  same,  That  the  sum  of  nine  hundred  dol- 
lars is  hereby  appropriated  to  pay  for  the  distribution  of 
the  laws  and  journals  of  the  late  called  session  of  the 
General  Assembly,  and  the  journals  of  the  Convention 
of  tlie  people  of  Alabama,  and  that  the  Comptroller  of 
Public  Accounts  is  required  to  draw  his  warrant  on  the 
State  Treasurer,  in  favor  of  the  agents  employed  by  the 
Secretary  of  State,  upon  his  certificate  that  they  have  dis- 
tributed their  respective  districts,  for  the  amount  of  their 
respective  contracts;  which  amounts  must  be  stated  in 
the  certificate  of  the  Secretary  of  State. 

Sec.  2.  Be  it  further  ordained,  That  the  Secretary  of 
State  be  allowed  the  sum  of  six  hundred  dollars  for  pla- 
cing marginal  notes  to  the  laws,  reading  proof-sheets,  and 
superintending  the  prijiting  of  the  same,  copying  the 
4 


60 

journriU  of  both  houses  at  the  late  session,  and  the  jour* 
nuls  of  the  Convention,  preparing  itidices  to  the  laws  and 
the  jonrnaU  of  both  bodies,  an<l  superintcndinir  the  dis- 
tribution of  the  same:  and  that  the  Comptroller  draw 
hii*  warrant  in  favor  of  eaid  Secretary  for  said  sum.  fur 
siiid  porvices. 

Si:c.  3.     AjhI  be  it  further  ordained^  That  the  sum  of 
fifteen  hundred  dollars  be,  and  the  same  is  hereby,  appro- 
priated to  pay  for  throe  hundred  copies  of  8mith':^  llistoi 
and  l);3batcs  of  the  Convention,  according  to  the  provi 
sions  of  the  resolution  passed  by  this  Convention  on  the  •' 
lltli  day  of  March,  1861,  and  the  Comptroller  is  hereby 
reqnii'ed  to  issue  IiIb  warrant  on  the  Treasurer  for  the  pay- 
ment thereof,  whenever  the  Governor  shall   certify  that 
said  copies  have  been  delivered  in  conformity  with  said 
rest'ltition. 

Sr.c.  4,  And  be  it  further  ordained^  That  the  sum  of  one 
hunli"  d  dollars  in  appropriated  to  pay  A.  G.  Horn,  Sec^i^, 
rormy  of  this  Convention,  for  extra  .services;  and  thai 
the  Comptroller  be  authori/.ed  to  draw  Ins  warrant  on  the 
Troaanrcr  of  the  State  in  tuvor  of  A.  G.  Horn,  Secretary 
of  this  Convention,  for  the  sum  of  one  hundred  doUai^. 
fur  extra  services  rendered. 

Adopted,  March  20th,  1801. 


^0.  11. 1  AX  ORDINANCE 

To   provide  for  the  printing  of  the  Constitution  o{  tli 
State  of  Alabama. 

Si c  1.     Be  it  ordaimd  bif  the  people  of  Alabama  in  CoHj/f' * 
ceiHom  aascmblcd^  That  the  Judges  of  the  Supremo  Coiirt 
of  this  State  be  constituted  a  Committee  to  sui)crintcnd 
and  supervise  the  printing  of  the  Constitution   of  the 
State  of  Alabama.  ^  • 

Adoj.tcd,  March  20,  1861. 


51 
Ko.  42.]  AN  ORDINANCE 

To  provide  for  the  eurollmeut  of  the  Constitution  of  tlie 
State  of  Alabama. 

Sec.  1.  Be  it  ordained  bj  the  people  of  Alabama  in  Con- 
•Cention  assembled,  That  the  Committee  to  revise  the  Con- 
stitution be  authori;5ed  to  select  suitable  persons  to  con- 
tract for  and  superintend  the  enrollment  of  the  ConstitUr 
tion  of  Alabama,  on  parchment,  as  nearly  as  may  in  thia. 
manner  in  whicli  the  Constitution  of  the  Confederate 
States  has  been  enrolled ;  and  that  on  the  certificate  of 
the  persons  so  selected  b}^  the  Committee,  countersigned 
by  the  chairman  of  said  Committee,  the  Comptroller 
draw  his  warrant  on  the  Treasurer  for  the  sum  so  found 
to  be  due  by  them  for  said  enroUment, 

Adopted,  March  20^  1861. 


No.  48.]  AN  ORDINANCE 

In  relation  to  cancelled  Land  Entries. 

Sec.  1.  Be  it  ordained  b<j  the.  people  of  the  State  of  Ala- 
hama  in  Convention  assembled,  That  the  Mobile  and  Girard 
and  Alabama  and  Florida  Rail  Road  Companies  are  here- 
by authorized  to  select,  by  their  agents,  from  any  of  the 
public  lands  of  the  State,  within  fifteen  miles  on  either 
side  of  the  lines  of  their  respective  roads  as  fixed  by  their 
surveys,  a  quantity  of  land  in  the  even  numbered  sections 
of  land  equal  to,  and  in  lieu  of,  such  lands  as  may  have 
been  located  or  entered  on  and  between  the  23d  day  of 
June  and  the  9th  day  of  October,  1856,  under  the  con- 
struction of  the  act  of  Congress  of  the  17th  May,  JboC, 
granting  lands  to  said  roads  ;  and  upon  such  selections  of 
land  by  said  Rail  Road  Companies,  and  their  filing  with 
the  Commissioner  of  pul>lic  lands,  a  list  of  the  Innd^  so 


52 

^clei^ert",  and  tlicir  relinquishment  of  all  claim.^  upon  the 
Uud  cntortxl  williin  the  tiraee  named  by  private  individu- 
ni«;  Jhe  (Tt»vernoi'  of  the  8tato  shall  issue  patents  to  said 
Uail  Jv'itJ  Oonipanies,  respectively,  for  lands  so  selected, 
as  iu  otiier  cases,  but  no  charge  shall  be  made  by  the  offi- 
cers of  the  land  office  for  suoh  service. 

8t:<'.  2,  Be  it  fartlirr  ordained  b;!  the  people  of  the  Sfa  c 
of  Alabama  (n  <Cimvention  assembled,  That  the  lands  entered 
at  the  Orccuvillc  and  Elba  land  office  districts  on  and 
Iwtween  the  2M  day  of  June  and  the  i>th  day  of  October, 
18-^6,  be,  niid  the  same  are  hereby,  confirmed;  and  rs 
«oon  as  practicable,  after  said  Kail  Koad  Companies  shall 
have  made  their  selections,  as  provided  for  in  the  preced- 
ing section  of  this  ordinance,  the  Governor  sliall  issue 
patents  to  the  persons  who  made  said  entries  or  locations ; 
J^iorkled,  fwKivrr,  no  person  who  entered  lands  between 
lliii  times  above  mentioned,  and  who  has  since  made  ap- 
plicfttiou  and  received  back  his  or  her  purchase  money 
from  the  late  Ignited  ^^tatcs  Government,  shall  be  entitled 
to  the  benefit  of  this  ordinance;  Provided,  further^  ihmt 
ibis  ordinance  shall  not  apply  to  any  cancelled  land  en- 
tered in  odd  sections,  which  have  been  bona  fide  sold  by 
tlie  said  Kail  Road  Conjpanies. 

Adopted,  March  20,  lt<Gl. 


No.  44.]  AX  ORDINANCE 

To  make  an  appropriation  fur  a  certain  purpose  therein 

named. 

Si;c.  1.  Be  it  ordahud  by  the  people  of  Alabama  in  Con- 
rc)Uion  assembled^  That  the  sum  of  twenty-five  dollars  is 
hereby  appropriated  to  \y^\  Samuel  T>.  Krewor,  for  his 
services  as  clerk  to  the  Committee  on  the  Constitution. 

Adopted,  March  20,  1861. 


:N'o.  45.;f  '^'^''^-''•AN  ORDIXAXCE 

To  deline  and  explain  the  elloct  of  the  Ordinances  adopted 
by  this  Convention. 

Sec.  1.  £c  it  ordained  hij  the  people  of  the  State  uf  Ala- 
bama in  Convention  assembled,  That  the  General  Assembly 
ot  this  State  shall  have  no  power  to  repeal,  alter,  or  amend 
any  ordinance  of  this  Convention  incorporated  in  the 
Constitution  as  revised  by  this  Convention  ;  all  the  other 
ordinances  of  this  Convention  are  to  be  considered  and 
regarded  as  leijislative  enactments,  and  mav  be  altered, 
amended,  or  repealed  by  the  General  Assembly  of  this 
State. 

Adopted,  March  20,  18G1. 


^^o.  4(3.]  AX  ORDINANCE 

,Yvv  To  provide  for  the  Permanent  Serat  of  Government  of  the 
Confederate  States  of  America  within  the  limits  of  Ala- 
bama. 

SiiC.  1.  Be  it  ordained  by  the  j^eople  of  Alabama  in  G-m- 
uention  assembled,  That  the  General  Assembly  of  this  .State 
is  hereby  authorized  and  re(piircd  to  cede  by  law,  to  tho 
Confederate  States  of  America,  exclusive  jurisdiction 
over  a  District  in  this  State  not  exceeding  ten  miles^ 
square,  whenever  satisfactory  information  has  been  fur- 
nished that  the  Congress  of  tlie  Confederate  States  de- 
sires and  intends  to  establish  therein  the  permanent  seat 
of  Government  of  the  said  Confederate  States. 

Sj;c.  2.  Be  it  further  ordained,  That  if  it  shalj  appear 
that  the  propsed  scat  of  Government  is  to  be  placed  in  a 
district  which  lies  partly  in  this  State  and  partly  in  ano- 
ther State,  then  the  General  Assembly  shall  cede  so  much 
thereof  less  than  ten   miles  square  as  may  be  within  the 


54 

liaiita  or  tJiis  State,  and  vest  in   the  Conyross  exclusive 

'    '•■^'liction  over  the  same,  in  tlie  same  numner  and  under 

inie  i-ostrictious  as  are  provided  in  the  first  section 

«  ©f  I  hi  4  ordinance. 

•  Kko.  3.  Jk  il  JurOuir  ordahud.  That  ail  the  public 
lands  l>elongin^  to  this  State  which  may  remaiii  at  the 
time  of  the  scloction  by  Congress  of  said  district,  and 
lyins^  within  the  same,  .•^hnll  vest  absolutely  in  the  Gov- 
ernment of  the  Confederate  States,  and  patents  therefor 
may  issue  on  application  to  the  Land  Commissioner  of 
this  State. 

Skc.  4.  Tie  il  farther  ordained^  That  no  such  cession  by 
the  Geueral  Assembly  shall  become  cflectual  until  a  pro- 
vision is  made  by  law  to  take  a  vote  of  the  legally  (juali- 
fied  voters  within  said  district,  which  vote  shall  determ- 
ine whetlicr  a  majority  of  the  people  thereof  are  for  or 
fis;ainst  the  cession  ;  and  if  favorable,  then  the  jurisdic- 
tion ot  Ahdjama  shall  be  divested;  but  if  otherwise, 
(hen  the  (General  Assembly  shall  decline  to  yield  jurisdic- 
tfon  Or  to  make  the  cession,  as  provided  in  sections  one 
and  two. 

Adopted,  March  20,  IRGl. 


IT]  AjS"  ORDIIs-ANCE 

hi  relation  to  tlio  waste  and  unappropriated  Land  in  the 
State  of  Alabama. 

Si:c.  I.  lU  it  orduimd  hi  the  pcopk  of  the  State  of  Ala- 
liama  in  ijomtntion  assembled,  That  all  the  waste  and  unap- 
riatcd  public  domain  within  the  limits  of  the  State 
Mahanm  is  the  property  of  said  State,  and  the  title, 
control  and  jurisdiction  of  the  same  are  hereby  assumed 
by  the  State  ;  and  all  public  lands  lying  within  the  State 
not  soM  or  Hj»propriated  to  sj)ecitic  purposes  hy  the  gov- 
ernment of  the  United  States  previous  to  the  eleventh 


day  of  January,  A.  I).  1861,  are  hereby  vested  in  the 
State  of  Alabama,  and  they  and  the  proceeds  of  the  sales 
thereof  shall  enure  to  the  benefit  of  the  people  of  the 
State. 

Sec.  2,  That  the  receivers  of  public  money  at  the 
several  land  offices  in  this  State,  as  established  under  the 
acts  of  Congress  of  the  United  States,  in  force  previous 
to  the  11th  of  January,  1861,  be,  and  the  same  arc  here- 
by, instructed  and  required  to  retain  all  sums  of  mone}' 
paid  into  their  hands,  as  such  receivers,  previous  to  and 
since  said  11th  January,  1861,  and  to  hold  the  same  sub- 
ject to  the  order  of  the  Treasurer  of  the  State.  And 
the  State  of  Alabama  is  hereby  pledged  to  indemnify 
and  save  harmless  such  receivers  of  public  money  and 
their  sureties  on  their  oflicial  bond  to  the  government  of 
the  United  States  for  any  loss  or  damage  they  may  sustain 
by  'jomplying  with  this  ordinance. 

Sec.  3.     That  the  registers  of  the  several  district  laud 
offices,  and  the  receivers  of  public  money  for  lands  in  said 
districts  of  this  State  arc  hereby  removed  and  their  offi- 
ces vacated,  and  the  duties  heretofore  required  by  law  to 
be  pertormed  by  the  registers  and  receivers  of  the  several 
land  offices  shall  be  performed  by  one  person  at  each 
•  .office,  who  shall  be  styled  the  register  and  receiver,  and 
who  shall  bo  appointed  by  the  Governor  for  such  term  as 
the  General  Assembl}'-  may  by  law  provide,  and  all  snch 
.  officers,  except  in  the  land  districts  where  said  offices  arc 
,  "herein  abolished,  are  hereby  appointed  to  their  said  several 
oiiiccs  respectively  for  the  unexpired  period  of  tlieir  terms: 
Provided^  They  arc  willing  to  accept  the  same  under  the 
authority  of  the  State  of  Alabama;  but,  on  their  refusal 
to  accept  the  appointments  as  conferred,  then  the  Gover- 
nor <»f  this  State  is  hereby  authorized  to  fill  such  vacan- 
cies lor  the  unex[iircd   period  of  said  terms.     And,  upon 
tlic  appointment  of  such  registers  and  receivers  as  herein 
•provided  for,  such  a[ipointees  shall  be  required  to  enter 
'to  bond,  with  good  and  sufHcicnt  sureties,  to  lie  ap- 


56 

pv'  ^mli^psof  Probfito  of  the  c«nntios  ill  whioTi 

*'  Innd  offices  are  sihmtod,  in  puch  sums  ^9 

t"  thi.*  State  may  proscribe,  conditioncwlfcfr 
the  laitlitul  pnyment  into  tho  State  treasury  of  all  nidt*'yb' 
wlji<b  maybe  roeoivod  by  thoin  npon  tbe  sale  of  tlie'pnlT^ 
lie  liind-^,  ami  forthe  faith t'nl  pcrfbnnaneo  of  all  tho  duties 
wliich  may  be  enjoined  by  law. 

4.  That  it  shall  be  the  dnty  of  said  registers  fttid 
1 V. .  .\  rpd  to  preserve  all  books,  charts,  inaps,1icld-notos,  pa- 
tents and  otiicr  mnniments  of  title  which  may  now  be  in 
the  different  land  offices  in  this  State,  or  which  maybe  s^ivt 
to  and  deposited  in  their  offices,  and  litild  the  same  ut  th%. 
sole  disposition  of  the  constituted  authorities  of  the  State: 
and,  u[ion  their  resignation,  removal,  or  the  expirni 

ins  of  their  offices,  thc}'  shall  turn  over  the  !^iUiiL; 

; onstx">dy  of  their  successors  in  office  ;  and  they  sshall*^ 

h  '  roquircd  to  make  monthly  returns  to  the  connnissioiv  • 
'ublic  lands  of  al^   sales  of  public  lauds  in  their 

ivc  ofHces  since  the  11th  day  of  January,  1861,  and 

iull  pay  over  all  moneys  which  nniy  be  received  by 
them  upon  the  sales  of  said  lands,  upon  the  order  of 'the 
T-       nrer  of  the  State.  ' 

.  r>.     That  within   ninety  days  from  the  pass.iof  of 

dinance,  it  shall  be  likewise  the  duty  of  the 

(1  receivers  aforesaid  to  return  to  the  Oommissiontrt 
.M  J. ..'.die  lands  n  full  and  complete  statement,  such  ■aa'b'Q- 
«1iid1  r^«'[uirc,  of  all  the  public  hinds  within  their  regpe^* 
•tp,  designatiniif  such  as  may  have  been  relin- 
«;'  .  •>!  lo  this  State,  under  various  acts  of  Congress 
of  th.e  T"'^nitGd  States,  as  swamp  and  overffowed  lands,  or 
d(>i);itod  for  the  use  of  schools  and  for  the  rniversity  of 
Al;:I<:ima,  or  to  aid  in  the  construction  of  different  rail 
road-*,  or  for  other  purposes  :  and  also  such  hinds  as  were 
expressly  reserved    by  tho  Government  of  the  United 

.i;id  undisposed  of  on  the  eleventh  day  of  Janua- 

:  1 

That  there  shall   be  established  a  department 


57 

of  public  lands,  the  office  of  which  shall  be  iixed  at  the 
seat  of  government,  and  denominated  the  State  Land 
Office,  with  a  cliief  officer  to  conduct  the  business  of  the 
same,  to  be  called  the  Commissioner  of  Public  Lands, 
whoso  duty  it  shall  be  to  superintend,  execute  and  per- 
form all  acts  and  things  touching  and  respecting  the 
public  lauds  of  the  State  as  hereinafter  prescribed ;  and 
he  shall  appoint  a  draughtsman  to  be  employed  under  his 
direction  as  an  assistant  in  his  said  office  in  the  perform- 
ance of  its  duties,  who  shall  receive  an  annual  salary  of 
twelve  hundred  dollars,  payable  quarter!}- ;  and,  in  all  ca- 
ses where  the  office  of  Commissioner  shall  become  va- 
cant, said  assistant  shall  have  charge  and  custody  of  the 
seal,  and  all  the  records,  books  and  papers  belonging  to 
said  othce. 

Sec.  7.  The  said  Commissioner  of  public  lands,  and 
every  clerk  "to  be  appointed  and  employed  in  his  said 
office,  shall,  before  he  enters  on  the  duties  of  his  office, 
take  an  oath  or  affirmation  truly  and  faithfully  to  execute 
the  trust  committed  to  him.  And  the  said  commissioner 
shall  cause  a  seal  of  office  to  be  made  and  provided  for 
the  said  office,  vrith  such  device  as  the  G-overnor  shall 
approve,  and  copies  of  any  records,  books  or  papers  be- 
longing to  said  office,  certilied  under  the  seal  of  the  said 
ofHce,  shall  be  ompetcnt  evidence  in  all  the  courts  of  jus- 
tice in  this  State,  and  in  all  cases  in  which  the  original 
records,  books  or  papers  could  be  evidence. 

Sec.  8.  That  the  statement  of  all  the  public  lands  re- 
.qnired  by  the  fitth  section  of  this  ordinance  to  be  returned 
by  the  registers  and  receivers  of  the  several  district  laud 
offices  in  the  State,  to  the  Commissioner  of  public  lands; 
and  such  other  records,  papers  and  books  as  shall  or  ma}' 
be  deposited  in  said  office  pursuant  to  the  law  shall  be- 
come and  bo  deemed  the  records,  books  and  papers  of  the 
said  office,  and  the  same  shall  be  under  his  custody  and 
control. 

Sec.  9.     That  all  returns  relative  to  the  public  lands  of 


58 

.    \   •  •  • 

ti      -  '    "V       ifter  be  maderio  trie  Commissioner  of 

l<  .  .  ..all  Lave  power  to  audit  and  settle  all 

BOich  uccounts  relative  to  the  public  lands;  J^rovuled,  that 
it  febal!  be  the  duty  of  said  Comniissionor,  upon  the  settle- 
luciiL  ol  any  such  account,  to  certily  the  balance  and  trans- 
mit the  account  with  the  vouchers  and  certificate  to  the 
Comptroller  for  his  examination  and  decision  thereon, 
will  >(.'  decision  shall  be  final. 

S..0.  10.  That  said  olUco  of  Commissioner  of  imblic 
lands  hereby  created  shall  first  be  tilled  by  an  election  to 
be  made  by  this  convention,  and  that  all  subsequent  elec- 
tions to  till  such  office  shall  bo  made  by  the  Ceneial  As- 
sembly of  the  State,  and  when  a  vacancy  shall  occur  in 
said  office  iu  the  recess  of  the  Legislature,  the  Governor 
of  tlio  IState  shall  till  the  same,  and  the  person  so  appoint- 
ed shall  hold  his  oflice  until  the  end  of  the  ensuing  ses- 
sion of  the  General  Assembly.  That  said  Commissioner 
shall  hold  his  otiicc  for  the  term  of  four  years,  and  receive 
an  animal  salary  of  two  thousand  tive  hundred  dollars, 
payable  quarterly. 

Skc.  11.  That  the  Commissioner  of  public  lands  ,is 
hereby  authorized  and  empowered  to  determine  upon  the 
principles  of  equity  and  justice,  and  according  to  the  es- 
tablished rules  of  law,  all  cases  of  suspended  entries  un- 
der any  law  or  ordinance  of  the  United  States  in  force 
on  tlie  lltb  .Tanuarv,  18<31,  and  then  pending,  or  existing 
in  tho  general  land  ofHce  of  the  United  States,  and  rela- 
ting to  lauds  lying  within  this  State,  and  to  adjudge  in 
what  cases  jiatents  shall  issue  upon  the  same:  Fruridcd, 
That  such  adjudications  shall  l)e  made  within  two  years 
from  the  passage  of  this  ordinance,  and  be  approved  by 
the  Attorney-General  of  the  State,  and  shall  operate  only 
to  <livest  the  State  of  the  title  to  the  land  embraced  by 
such  entries. 

Si:c.  12.  That  the  registers  and  receivers  shall  be 
chosen  as  follows,  to-wit :  They  shall  be  nominated  by 
tho  Commissioner  of  public  lands  and  confirmed  by  the 


59   ^ 

Senate  of  the  State,  and  shall  hold  their  offices  for  the  term 
of  four  years;  but  shall  be  removable  from  office,  at  the 
pleasure  of  the  Governor,  the  Attorney-General  and  the 
Commissioner  of  public  lands,  who  shall  act  jointly  in 
making  such  removal,  and  vacancies  thus  created  shall 
be  filled  by  the  (Jommissioner  of  public  lands,  and  the 
appointee  shall  hold  office  until  the  end  of  the  next  ses- 
sion of  the  General  Assembly.  That  the  said  registers 
and  receivers  shall  receive  an  annual  salary  of  live  hun- 
dred dollars  each,  and  a  commission  of  one  per  centum  on 
all  the  moneys  expressed  in  the  receipts  by  them  tiled  and 
entered,  and  for  which  they  shall  have  transmitted  an 
account  to  the  Commissioner  of  public  lands :  Prorided, 
always^  that  the  whole  amount  which  any  register  and 're- 
ceiver of  any  land  office  shall  receive  under  the  pl'ovisions 
of  tliis  section  shall  not  exceed  for  one  year  the  num  of 
two  thousand  dollars.  /-',•,, 

Sec.  13.  That  it  shall  be  lawful/or  the  Commissiouet 
of  public  lands  to  allow  the  several  registers  and  rK^ceiyers 
in  the  several  land  offices  a  reasonable  compensation  for 
transmitting  to  and  depositing  such  moneys  in  any  bank 
or  other  place  of  deposit  that  may,  from  time  to  tiuje,  be 
designated  by  the  Treasurer  of  the  State  for  that  purpose, 
which  compensation  shall  be  regulated  according  to  the 
actual  labor,  expense  and  risk  of  such  transportation  to  the 
place  of  deposit  and  returning  therefrom. 

Si:c.  14.  The  registers  and  receivers  of  the  several 
laud  offices  shall  make  to  the  treasurer  of  the  State  month- 
ly returns  of  the  monej^s  received  in  their  several  olHces, 
and  pay  over  such  money  pursuant  to  his  instructions; 
and  they  shall  also  make  to  the  Commissioner  of  public 
lands  like  monthly  returns,  and  transmit  to  him  quarterly 
accounts  current  of  the  debits  and  credits  of  their  several 
offices  in  the  State. 

Si.r.  1.5.  If  any  persou  shall  ajjply  to  any  register  and 
receiver  of  any  land  office,  to  enter  any  land  whatever, 
and  the  said  register  and   receiver  shall   knowingly  and 


60 

inform  the  person   go  applyinc^  that  the  sanio  has 

hccii  entered,  and  refuse  to  permit  tlie  poiNon  po 

.jj  to  enter  tlie  isame,  such  re*j^i?!ter  and  reeeiver 

sliall   lu>  llahle  therefor  to  the  person  so  npplyine  to  the 

t  of  five  dollars  for  each  acre  of  Innd  wliieh   the 

so  aj>plving  otiorcd  to  enter,  to  he  rccov*.  rod  hy 
a<tion  of  debt  in  any  court  of  record  havincr  jurisdrution 
of  the  amount,  and  sliali  ho  deenu'(l  ijuilty  of  a  mixde- 
Dieanor.  ;hk1  on  conviction  shall  he  iine<)  in  such  sum  as 
the  .jury  may  assess,  not  to  exceed  five  thousand  dollars, 
and  may  he  imprisoned  at  tlie  discretion  of  the  ■)t 

t>X(ci'(linij  six  months. 

HI.  The  register  and  rocoiver  of  any  of  the-dis- 
tricl  laiid  oftices  of  the  Stale  shall  be  authorized,  und  it 
shall  be  the  duty  of  said  officer,  to  administer  any  o.ath 
or  oaths  which  now  are  or  hereafter  may  by  required  by 
law  ill  I  (Uinoctiou  with  the  entry  or  purchase  of  any  tract 
of  land  ;  and  if  any  person  shall  knowin-jly  and  wilfully 
s^^Vllrf■\lsely  to  any  fact  contained  in  any  oath  or  dhdavit 
60  taken  or  ma4e,  he  or  she  shall  be  deemed  g^uilty.  and 
held  ffuilly  of  perjury,  and  sliall,  on  conviction,  snftcr  all 
the  pains,  penalties,  an«l  disabilities  which  attach  to  snid 
crime  iu  other  cases  of  pei-jury  under  the  laws  mi  w 
State:  Prorlded,  that  such  oliiccrs  shall  not  cliariic,  oi 
receive  any  compensation  for  administering  such  oaths. 

Sbc.  17.  That  no  register  and  receiver  of  any  land 
oiiice  or  person  employed  in  any  such  oflace  shall,  dirccfly 
or  indirectly,  be  concerned  in  the  purciiase  of  any  public 
land  subject  to  sale  and  entry  in  the  land  olhce,  placed 
under  his  charge  or  in  which  he  is  an  ollicer,  and  in  case 
of  violation  of  this  ])rovision  by  any  such  ollicer,  pioof 
thereof  being  made  to  the  Commissioner  of  public  lauds, 
lie  shall  be  forthwith  removed  fi-om  ollicc. 

Sbc.  is.  Tliat  the  boundaries  and  contents  of  the  sev- 
eral sections,  half  sections  and  quarter  sections  of  the 
public  lands  of  this  State,  in  anv  contest  between  the 
State  of  Alabama  and  purchasers  therefrom  which  have 


61 

heretofore  been  run,  dctorniined  ami  ascertained  under 
the  hiws  and  rogidatioiis  of  the  United  States,  while  said 
lands  were  a  part  of  the  public  domain  of  the  said  United 
States,  are  hereby  recognized  and  established  as  the  boun- 
daries and  proper  contents  thereof ;  and  all  the  corners 
marked  in  the  surveys  of  said  United  States  shall  be  es- 
tablitvhed  as  the  proper  corners  of  sections  or  sub-divisions 
of  sections,  which  they  were  intended  to  designate  ;  and 
the  corners  of  half-quarter  sections  not  marked  on  the 
said  surveys,  shall  be  placed  as  nearly  as  possible  equi- 
distant from  those  two  corners  which  stand  on  the  same 
line.  And  that  the  boundary  lines  actually  run  and  marked 
in  the  surveys  shall  be  established  as  the  proper  boundary 
lines  of  the  sections  or  sub-divisions  for  which  they  were 
intended,  and  the  length  of  such  lines  as  returned  in  said 
surveys  shall  be  held  as  the  true  length  thereof  as  between 
the  State  and  such  purchasers ;  and  the  boundary  lines 
which  shall  not  have  been  actually  run  and  marked  as 
aforesaid,  shall  be  ascertained  by  running  straight  lines 
from  the  established  corner  to  the  opposite  correspond- 
ing corner,  but  in  those  portions  of  the  fractional  town- 
ships where  no  such  opposite  corresponding  corners  have 
been  or  can  be  fixed,  the  said  boundary  lines  shall  be  as- 
certained by  running  from  the  established  corners  north 
and  south,  or  east  and  west  lines,  as  the  case  may  be,  to 
the  water-course  or  other  external  boundary  of  such 
fractional  township,  conforming  to  the  mean  variation 
of  the  established  eurvey  heretofore  made  by  the  United 
States. 

Sf.c.  10.  Every  person  being  the  head  of  a  family,  or 
a  single  man  or  woman,  over  the  age  of  twenty-one  years, 
or  widow,  and  being  a  citizen  of  the  State  of  Alabama, 
who,  since  tlie  11th  day  of  January,  18G1,  has  made  or 
shall  hereafter  make  a  settlement  in  person  on  the  public 
lands  of  the  State,  and  who  shall  inhabit  and  improve  the 
same,  and  who  has  or  shall  erect  a  dwelling  thereon,  shall 
be,  and  is  herel)y,  authorized  to  enter  with  tiie  register 


i.2 

I-  of  tbc  laud  office  in  which  such  laiui  may 
lie.  sub-divisioiip,  any  numboi"  of  a 

!'■'  ;.c  Imndrcd  and  sixty,  or  a  quarU.    .vv..,.;o; 

in  inclnde  the  rosidonce  of  such  cluimaut,  upon 
<o  the  Htate  of  Alabama  the  minimum  price  of 
'    'ubject,  however,  to  the  follov  ■    -  '  •;;'•-     •  • 
.   lis,  viz:  No  person  shrill  bi 
than  one  pre-emptive  right  b}-  virtue  of  this  act;  uo  per 
-    •:      '      is  ihe  [troprictor  of  three  hundred  and   i\\      ' 

iiind  in  any  ^tale  or  Territory  of  the  Confed' 
btatc^,  :in<l  no  person  who  shall  quit  or  abandon  his  resi- 
d  II   liis  own   land,  to  leside  on  the  public  lands  in 

I.  ^',  shall  acquire  any  right  of  pre-emption   under 

this  iut  ;  11)  hmda,  or  sections  of  land,  reserved  to  th. 
'"  cs  alternate  to  other  sections,  granted  by  said 

i  ;..,    .  .  ...Uis  Government  to  this  State  for  the  construc- 
tion of  any  canal,  railroad  or  other  public  improvement ;  n^ 
sections,  or  fractions  of  sections,  included  within  the  limit- 
of  any  corporated  town  ;  no  portion  of  the  public  laiid 
wliich  lias  been  selected  as  the  cite  for  a  sity  or  town, 
and  no  hmds  included  in  any  reservation,  by  any  treaty  or 
laws  of  Ihe  Unite<l  Htates,  previous  to  the  11th  January 
18G1,  or  reserved  in  said  laws  for  salines  or  for  other  jtur- 
poses,  or  on  which  are  situated  any  known  salines,  t^hall 
be  liable  lo  entry  under  and  by  virtue  of  the  provisions 
of  thi^  M^'Otion. 

Sec,  20.  When  two  or  more  persons  have  settled  on 
the  same  quarter  section  of  land,  the  right  of  pre-emptip#  j 
."hall  Itc  in  him  or  her  who  commenced  or  shull  commoner 
Iho  first  improvement :  Provided,  such  per:jon  shall  con- 
form to  the  other  provisions  of  this  law,  and  all  questions 
/lit  of  pre-emption,  arising  between  difTorent 
■'  .       lii   be  aeltlcd   by  the  register  and  reccivijr  of 

the  district  within  which  the  land  is  situated,  subject  to 
an  ariH  :il  to  and  a  revision  by  the  Commissioner  of  public 
land 

^:^'  Prior  to  any  entries  being  made  under  the 


provisions  of  this  ordinance,  (section  nineteen)  proof  of 
the  settlement  and  improvement  thereby  required,  shall 
be  made  to  the  satisfaction  of  the  register  and  receivef  of 
the  land  district  in  which  such  lands  may  lie,  agreeably 
to  such  rules  as  shall  be  prescribed  by  the  Commissioner 
of  public  lands,  who  shall  be  entitled  to  receive  fifty  cents 
from  each  applicant  for  his  services,  to  be  rendered  as 
aforesaid,  and  all  assignments  and  transfers  of  the  right 
hereby  secured,  prior  to  the  iesuing  of  the  patent,  shall 
be  null  and  void. 

Sec.  22.  Before  any  person  claiming  the  benefit  of 
this  act  shall  be  allowed  to  enter  such  lands,  he  or  she 
shall  make  oath,  before  the  register  and  receiver  of  the 
land  district  in  which  the  land  is  situated,  or  before  some 
other  person  authorized  by  the  laws  of  this  State  to  ad- 
minister oaths,  that  he  or  she  never  had  the  benefit  of  any 
right  of  pre-emption  under  this  act,  that  he  or  she  is  not 
the  owner  of  three  hundred  and  twenty  acres  of  land  in 
any  State  or  Territory  of  the  Confederate  States,  nor  hath 
he  or  she  settled  upon  and  improved  said  lands  to  sell  the 
same  on  speculation,  but  in  good  faith  to  appropriate  it  to 
his  or  her  own  exclusive  use  ol' benefit;  and  that  he  or 
she  has  not  directly  or  indirectly  made  any  agreement  or 
contract,  in  any  Way  or  manner,  with  any  person  or  per- 
sons whatsoever,  by  which  the  title  which  he  or  she  might 
acquire  from  the  government  of  the  State,  should  inure 
in  whole  or  in  part  to  the  benefit  of  any  person,  except.' 
himself  or  herself;  and  if  any  person  taking  such  oath 
shall  gwear  falsely  in  the  premises,  he  or  she  shall  be  sub* 
ject  to  all  the  pains  and  penalties  of  perjury,  and  shall 
forfeit  the  money  which  be  or  she  may  have  paid  for  said 
land,  and  all  right  and  title  to  the  same;  and  any  grant 
or  conveyance  which  he  or  she  shall  make,  except  in  the 
hands  of  bona  fide  purchasers,  for  a  valuable  ponsidera- 
tion.  sliall  be  null  and  Void,  and  it  shall  be  the  duty  of 
said  diftrict  ofUcer  to  file  a  certificate  of  said  oath  in  hi? 
ofiice,  and  to  transmit  a  duplicate  copy  to  the  State  land 


64 


office,  either  of  which  shall    he  good  ami  siiffioiont  cvi- 
h  was  administered  a«^cordinix  t-' 

>" ^vcr  any  person  has  settled  or  shui.  ..  ; 

.  improve  any  tract  of  land,  subject  at  the  time  of 
FCltlement  to  private  entry,  and  shall  intend  to  purchase 
the  same  under  the  provisions  of  this  law  in  regard  to 
pre-emption,  such  person  sliall,  in  the  first  case,  withiu 
ihree  montiis,  after  the  11th  of  January.  18(31,  and, 
in  the  last  case,  within  thirty  davn  alter  the  date  of  sucli 
ecttlomcnt,  file  with  the  register  of  the  proper  district,  a 
written  statement,  describing  the  land  settled  upon,  and 
dcclariiiic  the  intention  of  such  person  to  claim  the  same 
under  the  provisions  of  this  act,  and  slialj,  where  such 
settlement  is  already  made,  within  twelve  months  after 
the  passage  of  this  act,  and  where  it  shall  hereafter  be 
made  within  the  same  period  after  the  date  of  such  set- 
tlement, make  proof,  affidavit  and  payment  herein  re- 
quired, and  if  he  or  she  shall  fail  to  file  such  written  state- 
ment as  aforesaid,  or  shall  fail  to  make  such  affidavit, 
proof  and  payment  within  twelve  mouths  aforesaid,  the 
tract  of  land  so  settled  and  improved  shall  be  subject  to 
the  entry  of  any  other  purchaser. 

Sec.  24.  in  any  case  where  a  party  entitled  to  claim 
the  benefits  of  this  pre-em[>tion  law  shall  have  died  befoio 
consummating  his  claim,  by  filing  in  due  time  all  the  pa- 
pers essential  to  the  establishment  of  the  same,  it  shall 
be  competent  for  the  executor  or  administrator  of  the  es- 
tate of  such  part}',  or  one  of  the  heirs,  to  file  the  necessary 
...  iQ  complete  the  same:  Provu/cd,  the  entry  in  such 
liall  be  made  in  favor  of  "The  heirs"  of  the  de- 
ceased pre-emptor,  and  a  ]tatent  thereon  shall  cause  the 
title  to  inure  to  said  heirs,  as  if  their  names  had  been  spe- 
cially nientioned. 

Sec.  25.  That  the  pre-emption  laws  of  the  State  shall 
extend  over  the  alternate  reserved  sections  of  public 
hinds  along  the  lines  of  uU  the  rail  roads  in  the  State, 
wherever  public  lands  have  heretofore  been  granted  by 


65 

acts  of  the  Congress  of  the  Uuited  States^  au^  also  wher- 
ever the  State  may  hereaftel'  grant  lands  to  rail  rdads,  an,d 
that  it  shall  be  the  privilege  of  the  persons  residing  on 
any  of  said  j'eserved  lands  to  pay  for  the  same  in  soldier's 
bounty  laud  warrants,  owned  by  any' citizen  of  this  Stati- 
on the  11th  January,  1801,  estimated  at  a  dollar  and 
twenty-five  cents  per  acre,  or  in  any  funds  receivable  for 
State  taxes,^or  both  together,  in  pircference  to  any  other 
person,  and  the  price  to  be  paid  in  all' such  caSos  shall  be 
two  dollars  and  fifty  cents  per  acre.  * 

Sec.  2G.  That  every  settler  on  public  lands  which  have 
been  or  nia}'  be  withdrawn  from  market  in  consequence 
of  proposed  rail  roads,  and  who  had  settled  or  shall  settle 
•thereon,  prior  to  the  time  when  the  lines  of  such  rail  roiids 
have,  been  or  may  be  definitely  fixed,  shall  be  entitlecl  -to 
pre-emption  at  the  ordinary  minimum  to  the  lands  settled 
on  and  cultivated  b}'  them:  Provided,  they  shall  prove  up 
their  rights  and  pay  for  the  land  entered,  according  to  the 
rules  £iud  regulations  prescribed  in  other  cases  of  pre- 
eijLptiou  claimants. 

'•Sijc.  27.  That  every  person  making  application  at  any 
of  the  district ) and  ofiices  in  the  State,  for  the  purchase 
at  private  sale  of  a  tract  of  land,  shall  produce  to  the 
register  and  receiver  a  memoratudum  in  writing,  describ- 
ing the  tract  which  he  shall  enter,  Hy,.ttie  .number  of  the 
section,  half  section  or  quarter,  (as  the  case  may  be,)  and 
of  the  township  and  range,  subscribing  liis  namq  thereto, 
which  memorandum  the  register  shall  file  and  preserve  in 
his  office. 

Sjic.  28.  That  all  the  public  ]..lnL-^  wi  tlic  Slate,  the 
sale  of  which  is  authorized  by  law,  may,  when  ottered  at 
privato  sftle,  be  purchased  at  the  o|:»tion  of  the  purcJjaser. 
cither  in  entire  sections,  half  sections,  quarter  sections,, 
half  quarter  sections,  or  quarter  quarter  sections;  and 

id  lands  shall  be  subject  to  sale  at  the  following  stained 
prices,  to-wit :  Such  lands  as  were  reserved  by  the  I'nited 
States"  on   the  11th   Jannarv.  If^m.  from    s;ilo.  in  <:r>iise- 


i}>er 
.tea  i->v  saiii  ^'(xvniiiiciit  ii>  ur.>  -^kiu'.  initlr^' 
■!  of  aiiy  ertnul,  rail  iv)u«l,  or  oUut  internal  i»n- 
j.iwn-eirtftut;  and  ^ficU  laT]<l8ft^thmlState  plmll  liercalirr 
I'^rrw  fiH"  similar  purpo.-^es,  sliaH  not  be  sold  for  l.-ss  thnii 
r\Y.>  (Jolhu-6  and  lifty  ci-nts  j.er  aero;  all  thu  f»t.h*i  i»n1»lio 
lanil-5  *;lmH'  be  sold  un<I  entere^'at  a  prib^  notless  tliun 
niio  dollar  unJ  twenty-five  oetite  per  acre :  Prorvlnl,  that 
nono'of  flic  land«  reserved  lVon>  eaJo  to  pre-eiuptors  in 
section  niiietocn  olf  tins  ordinance,  shall  be  subject  t6-.cn- 
try,  ujuler  tliia  section,  exceptinf^  those  lying  within  six 
niiK;.^  of  rail  roads,  and  knOwu  as  the  :t! tomato  oven  sec- 
tinn:=  itlonjs:  said  roads. 

^9.     That  all  the  lands  of  the  State,  'vyhioh.  t^hall 
ijiiv    ijiC'U  in  market,  either  under  the  laws  of  the  United  . 
States  or  under  the  laws  of  tiiis' JState,  or  under  the  lawl^' 
of  both  takcu  together,  for  ten  years  and  upwards,  prior 
to  tho  time  of  application   to  enter  the  same  ni^der  Ibc 
provipiony  pf  this  ordinance,  aud  still  remaining  unsold. 
>-haU  be  subject  to  sale  At  the  prieeof  one  (Jollar  per;ir: 
aiid  idl  the  lands  of  tlie  State  that  shall  have  been,  jv", 
mark\.*t  f(jr  tiftocn  years  or  upwards,  as  aforesaid;  and  stirj*<  •, 
romaining  unsold,  shall  be- subject  to  sale  at  seveuty-ti**-  - 
.  'iits  (*ef  acre;  jmd  all  lauds  of  the  State  that  ^hull  have 
huririn  market  for  twenty  years  or  upwards,  as  atbi«-     < 
^aid,  and  still  renuiining  unsold,  shall  be  subject  to  sai^'" 
at  fiity  oonts  perafci'ej.  and  all  tho  lands.of  tho'Stirte  that 
shall   liavc  hecn  in  market  for  twenty-live  years  and  u-p- 
Wiinl.-,  as  aforesaid,  and   still   remaining  untiold,  shall  be*  • 

to  gailtrnt  twenty-five  cents  per  aQ,re;;  and  all  laud- 
wl  ihe  State  that  shall  have  been  in  market  for  thirty 
yuars  oj  taote,  sluvjl  be  subject  to  sale  at  twelve  and-a-half 
centij  per  acKe:'  Provided,  this  section  shall  not  bo  sD'ogn- 
strut'd  as  to  extend  to  lands  reserved  from  entry  by  pre-,. 
,....,,t,...w^  lindcr  section  nineteen  of  this  ordinance':  An(*' 
fiirtha',  that  'no  person  shall  be  entitled,  under 
the  piHn'isipns  of  this  section,  to  enter  niprc  than  three 
hundred  and  twontv  aCre.s  of  hnid. 


GT 

Sec.  80.  Any  .person  applying  to  enter  any  of  the 
■aforesaid  land.^,  shall  be  required  to  make  affidavit  before 
the  register  and  receiver  of  the  proper  land  oificG,  or  some 
person  authorized  by  law  to  administer  oaths,  that  he  or 
she  enters  the  same  for  his  or  her  own  use,  and  for  the 
purpose  ot  Actual  settlement  and  chltivation,  or  for  the 
use  of  an  adjoining  farm  or  plantation  owned  or  occupied 
by  him  or  herself ;  and,  together  with  said  entry,  he  or  she 
has  not  acquired  from  the  United  States,  or  from  this  State, 
under  the  provisions  of  the  laws  of  the  United  States,  or 
of  this  State,  mok'e  than  three  hundnnl  and  twenty  acres 
at  the  graduated  price. 

\'.Sbc.  31.  That  upon  every  reduction  in  price,  under 
the  provisions  of  this  ordinance,  the  occupant  and  settler 
upon  the  lands  shall  have  the  right  of  pre-emption,  at 
such  graduated,  price,  upon  the.^ame  terms/ conditions, 
restrictions  and  limitations  upon  whith  the  public  land.-^ 
of  the  State  aro  now  subject  to  the  right  of  pre-emption, 
until  within  thirty  days  preceding  the  next  graduation  or 
rqdudtion.that  shall  take  place,  arid  if  not  so  purchased, 
ehftll  .again  .be  subject  to  right  of  pre-emption  for 
elljven  mont/l^s  as  before ;  and  so  on  from  time  to  time  as 
reductions  take  place. 

Sec.  32.;  All  patents  for  lands  hereafter  entered  under 
the  provisions  of  this  ordinance,  or  located  linder  any 
Avarrant  for  bounty  land,  issued  by  the  United  States  and 
owned  by  any  citizen  of  Alabama  on  the  11th  Jauunry. 
1861,.'^liall  be  issued  in  the  mime  of  the  State  of  Alabama, 
and  under  the  seal  of  the  State  land  office,  and  beaigned 
by  the  Governor  of  the  State  and  countersigned  by  the 
Commissioner  of  public  lauds,  and  shall  be  recorded  in 
the  said  office,  in  books  to  be  kept  for  tlic  ptirpose. 

Sec.  33.  That  in  all  cases  where  i»atents  for  public 
lands  may  hereafter  be  issued  in  pursuance  of  this  ordi- 
nance to  a  person  who  shall  die  before  the  date  of  such 
patent,  tho  title  to  tho  land  designated  thqrein,^haH  inure 
to  and  become  vested  in  the  heirs,  devis^eSj'^M,  «ssig«dQi 


if  th^patcut  ha<l    •         '     - 
'ir.riD^  iifc. 
of  nuv  rlaim  to  land  in  tliie  Stnto,* 

n  eoniinnod  1>y  Irw,  utirt  in  •wM«5li  '^ 
ulc   by  tlio  confirmatory  ?t:i' 
.  ;iii(l   in  .'itl    .•::-,-,  wliorc  Jai. 
'  ;)d  warrant  i 

!id  cuililicatcsot 
.  .4.,,.  ..•;..,,»  iitbllicrcfoi'Iiavc  .......  - 

'  prcvrous  to  fl^c  pa^sAixo  of  the  ordinan  ■  ( 
of  f  inll  and  laiiy.be  lawi'nl  for  patents  to -i^.- 

liMi  T  u.  •  initliority  of  this  State,  and  af^  prcsonLcjt 
■5  r^piVTiintT^t*  for  ttio  .i;?suanco  of  patients  in  oflj6r  oa- 
iiiade  by  pifrtllftsei'S'  fit  any  of  li; 
;;;<.•  i!ie  11th  vliiy  of  .Taiinafy,  l.'^Gl,  arc  licri'- 
1  '-Miifirmod.  and^bc  Commiwsiouer  of  public- 
l>atc  n  tB-  far  t  J)io  9>itm  e  ^1  tlil>  n}j  mv. 
<u'  ll  "1   iVlab.unu,  as'ln  other  easos.        '  '  .  .  " 

"'  Tiiat  all  bonnty  land  warranto  jo^nod  i.v  tlj,. 

icMit  of  th<)  Uniti^d-Statefl  to  any'ei;: 

;ind   pwHcd  •Ijy.'such  citizen  or  his  If.il 

M.^11.   ■     I  n  iw-.  ■Mrtho'll'th  d^y  of  "January,  1881,  ni:i\ 

bo  !rK-nt('d'by  sncli  citizen^  his  hctrs,  exceutoi's  or  aclmni- 

i  ;iy1{iiS(l  ^subject  .t<i' private  aa]e  or  entry 

>;tiid  rcijylations  in  fffrce  iu  this' State  hpqn 

■  iinblir"  lands  after  the  itassn;ie  of  thi*'  ordi- 

S:  I  liat   every  citizen    of   this   State,   M-Jiotlior 

)ii;ih  ih    who  t5haTl  ,  not,  iji  hi.s  or  Jjtsl' oAVn  right, 

'  land,  and\vh0  isat  tlr©  e«TJi<3  time  th/P 

brad  of  ;t  liiu^ily,  "hall  ha  entitled  to  .enter  eiirhty  aeroe 
■'.'  '"nd  free' of  all  eosts  and  t•har^a^'5,  provided  the  appH- 
-lifll!  mnkc  nflidnvif  before  gonio  ijnalifted  oflicer  of 

(1  enter$  t^e  said  hind  for 'h 

I  1    r  i!iiii<('  1   Ml-  ini-st'lf.  und  that  he  or  fihe  v^'ill 

(•  '1  improve   niid   reside   njton   the  same  ^vithin 

fwe1^  ii}^,  tvhirli  s;iid  land  phall  innre 

■  to  tiie  ui>c^ami,Ucui;iit  ot  said   ajipUcaiit,  and  shall  bo  ex- 


69 

einpt  from  sale  by  oxe'cution  or  otlicnvise  without  the 
con  pent  of  tlio  wife  duly  attested  in  writing  before  a 
mngistrate. 

Sf/C.'  37.  That  as  soon  afe"  practicable'  aftet-  the  presage 
of  this  ordinance,  the  Governor  of  this  State  shall  issue 
bis  [troclnmation  deelaiMng  that  the  waste  and  ilnappro- 
priated  land?  of  the  State  shall,  at  tbe  expirati6n  of  tliirty 
days  froni  th©'  date  thereof,  be  6,ubject  to  eale  or  private 
entry  at  the. several  land  oflices  in  the  State. 

Skc.  -88;  ■  Where ';1n  actual  setilor  on  the  public  lands 
has  fiought,  or  shall  hereafter  attempt,  to  locate  the  laijd 
•settled  on  and  improved  by  liim  with  a  military  land  war- 
rant, and  when,  froii\  any  cause,  an  error  has  occurred  in 
making  $aid  location,  sai<lt. 'settler  may  be  authorized  to 
relinquish   the  land  so  erroneously  located  and  to  locate 
such  wa'rrantupon  the  land. so  settled  upon  and  improved 
bj'  him  if  .the  same  shall  then 'bti  '^a^ht,  and  if  not,  upon 
any  otlicr  vacant  land,  on  making  "proof  "of  these  facts  to- 
tbo  satisfaction  of  the  land  officers  according  to  such  rules 
and  regulations  as  may  be  prescribed  by  the  Commissioner 
of  public  lands. 
V."""  Sec.  .30.     That  the  Coinmisijiouer  ot"  pul)lic  lands  shall 
*  '^Vie  po^'cr,  and  he  is  hereby  required^ to  cause  to  be 
prmtcdand  distributed  amongst  the  several  lati4' offices, nr 
tbe  State  all  such  bhinks  an4  forms  as  he^rnay  <leojn  ne- 
.cc^sary  to  facilitate  the  entries  of  binds  by  purchasers, 
^^'d  to  tjnable  the  lawl  offi(^ers  to  keep  accurate  acco-jjuts 
and  make  prompt  and  correct  retiirns  of  all  sales  in.  iheir 
^   respective  offices;  and  aiiid  Commissioner. is  authorized 
^    •^  ptijseribe  feuch  rules  and  regula,tion«  for'th^  entry. atid. 
*i«le  of  lands,  a^id  tbe  location  of  land  warrants  iiot  hej'eiu 
Y^rovided   for,  as  he  may  find  necessaVy  to  cx'pe*^'^  ■   '^   • 
hnsinn^s  of  the  several  land  offices,  and  «nsuvc  t! 

;iccarato  pcrformantc  of  Ih^  duties'bf  the  rcgis- 
!•  !  -  and  roceivors  thereof  •    ,'  '   / 

S;.-.   40.     "Vrhet;cvor  ili'' C\iimriiT:?iniT(*r  of  pnblir^'lands 
lied  fbni  ^aiid 


Ve^iire  iljp  be  cbau^ed,  and  dillorcnt  linos  et^taWisbc'd  for 
«n.\d  (U^ricU'tm  ns  to  "mak9«th«  Jan<l  offices  more  accepta- 
1.'  '  of  tlnv  State  resident  in  said  di^tricte, 

li  /.cd  and  rofpiired  to  issue  his  proc'lRm9.r 

1  i»ul)lisli  the  psime  \\\  ^  u'cwa^iappr  prlnt(»d  at  the 
.i  CJoverinnont,  aiul<'.nus(»  tlio  Kamo  also  to  bepostied 
.li   '       1   l;uid  oflicc  to  be  aftoetcd  thereby,  at  Ica^^t  fttxty 
d^.^  •  th(ypropi>sod,oHaMj?e,  in  which  proclaniatioji 

^aivl  CoiMini^'hioncr  shall  designate  the  propo:?cd  limits  of 
the.  <ntlcrcnt  laud  districts  ;  and,  at  the  expiration  of  isaid 
poA'iod,  he  shall  fix  and  establisli  the  boundaries  as  dcsig-- 
iiyited  in, said  proclamation  or  establish  such  other  liiiea  as 
bo  slr.dl  thii\k  most  advi<5al»le,  of  which  he  shall  give  puh- 
Ih-  notice  in  a  lanvep^iper  pnb1,ij?hed  at  the^scat  of  Govcrn- 
'lirtiitfor  sixty  days',  at  the,  expiration  of  which  tin^o  ike 
Twundary  shall  be  as  established  by  said  Coinniissioncr,ftnd 
lie  i«liiill  cause  a  ti-ansfer  of  all. books,  papers,  records.  I'lie., 
iiecvissary-to  c«iifdrni  t.o  the. "new  distncts. 

t<i:<\  41.  When  any  mistalve  maybe  made  by  the  jmr- 
chaser  ofpul^ic  lands  OHtGring.a  tract  different  fi'om  that 
be  intended  4o  purplwise'iii  c'onseqneiice  of'any  ertiaf  ^]it* 
istin;;  in  the  land  office  ov'fi^i^owinij  out  of  any  infornisi*/ 
lion  ^-iven  by,,or  mistake  of  any  r^^gister  a»id  rccciyer' 
(hci'tjof,  54k1  when  any  mistake  piay  be. made  by  the  pur- 
chjisw  of  any  tvactof  land  not  intended  to  b.i3'entdred,.by 
mi^ta^c  of  the  trijie  nnmbea's  of  the  tract  intended  to  be 
inirtfhiwed,  where  the  tract  thus  erroneously  entered  does 
n,Al  in:  qfumtity •exceed  oTiedialf  section,  and  wlien;  the 
cirtiifoafe  of  the  original  purchaser  has  not  been  assigned 
or  hi-  riiiht  in  any  way  transferred,  and  where  six  month's 
IV'  iihe  the.entry'shall  liave.'b«^on .made  may  not 

.  ljav<j  elapsed;  or  tlie  patent  issued  for  the  tract  errone- 
ously entered,  «ai4  purchaser  in  each  6f  the  above  stated 
caK'S,  or,  in  caseot'ihis  death,  hie  legal  rcpreseptativ«,8" 
may  tile  his^iflidavit  of  the  facte,  and  that  every  reason^ 

bio  '.'■ "<ion  had  been  used  toavoid  the  error,  and  there-  '-< 

uj'  titled  to  change  his  entry  and  transfer  the  pay- 

MiKously  enleied  to  that  intended 


71 

to  be  entered  if -unsold,  but  if  gold,  to  «iny  other  tract 
liable  to  entry,  provided  that  nothing  herein'containcd 
shall  affect  the  rights  of  third  persons. 

Sec.  42.  That  every  pei'son  ti'Gspassing  on  the  public 
lands  may  be  indicted  and  fined  not  less  than  ten  dollars 
for  each  trespass  by  the  circuit  court  of  tlie  county  in 
which  the  trespass  may  bo  committed. 

Adopted,  Marcb  20,"  1861. 


No,  48.]  AN  OKDINAXCE 

In  relation  to  thd  Greenville- Land  O^ce. 

Sec.  1.  Be  it  ordained  by  the  jKople  of  Alabama,  ia  ■  Con- 
rcniirii  assembled;  That  the  register  and  recciv.er  ctfthe  lund 
ofiicc  at  (Greenville  be  authorized  to  obt,ain  for  the  use 
of  said  offices  copies  of  all  patents,  and  qf  ^11  lx)o"ks, 
maps  and  other  papers  of  said  oiSces  receiitly  burned^  as 
far  as  in  their  power  to  supply  ovevy  paper,  docuineut, 
map,  b'ook,  &c.,  thus  destroyed  :  and  the  expense  of  all 
said  matters  shall  be  allowed  in  their  account?^  on  setth-- 
meiit  with  the  authorities  of  this  Stote. 

Adopted,;Mareh-20,  1^1. 


No.  4'J.]  AN  UiiDiNA^'('I: 

In  relation  to  F(^rfoited  Lands. 

Sec.  1.     Be^ a  ordained  hj  the  ])Ojpli  of  '  of  ^AH- 

'i'-r:ua  ill  Convention  assembled,  That  certificate-  fer.-^ 

of  the  Ifttc  tJnittd  States  land  ofllce  farmui.\  ^Mjd  oii 
land  foffeited  eli<ill  be  receivable  in  payment  tor  any  ol 
tlie  publiciands  oi^  this  State  stilS||ect  to^piivatc  entry^  a? 
80  much  money,  in  piirsunucc  and  in  accordance  with  au 


72 

tivt^i-i  iJiiited  Btatcs  of  the  23(1  duv  oi  Afuy, 

•1  >  of  the 
,    ,  .....  ..,,  ..,.  -f  of  the 

yxiv  ',  such  foifci  lauds 

coi,  uitiiin  the  present  boundiui  ito  of 

AUnniiia,  and  the  parties   forf'"'-   '    .iiu   nu^v    vuiiuiing 
were,  ami  arc  now  resident  citi.  ;  iiis  tState. 

Adopted,  Alai-eli.20,.  1801. 


iso.JbO.}  AN  OHDINA-N.CE 

!t-Q  (inLhorizO"  uixl  direct,  tke ;  (JaVciifOjp  to  r^iseind  a  cou- 
t'i:aet  thoie^ij  referred  to. 


('/,  'fijut  the  Guveriiar  oi  the  • 
:    .  ..  ..i.w  .iC  Ir  licroby  required  tornjscinS 

:^  ■  .ore  tJiitered  into  Ijy  hirn,  on  thi-  part  of; 

^vith  Jauioa  Ii.:l.*o\vell,  S.  y.  Iloustoi'  'i- 

uic   purpone  of  siolecting  and   locating  ccriain 
■  le.-igMtttcd  in  the  iicts  of  Con£2:re;jS  of  2Htii  Scpteni- 
*  l4ef,.-l"^0,  Kird  3d  Mavcli,  1857,  as  swaqip  and  overflowed 
latid?*,  nnd^  Hat  Im  iv  unlliorizHd  to  settle  with  them  for 
sncli  .-"i'vit,'e.s  fts  they  have  already,  rendered   the  iStatc, 
u]^.  :iiid  reason  ah  1 0  tcrn*6  i  Proiide4,  thit  tlje  ton- 

sui^t  uf  ftuid.  Conunissiouers  to  the  rescissioji  of/Biij«i  Qoa-,. 
tract  shall- bo  first  had  and  obtained.  -     ."  . 

•S£c.  2.  ,  J^o  U/urUiir  ordained,  That  all  land  aclectca 
by  tlifi  ^id  ComiMis»sionev8  as  swamp  and  ovorliowed 
landsj  hut  for'whrch  wo  patents  were  i.ssued  by  the  United 
SJutCb  to  this  State,  are  hereby  declared  to  be  public 
laud.•^  of  the  State,  iiini  aubjeet  to  disposal;  under  the  laws 
V^'        '     '  f*'>i'  tbe  .sale  and  disposal  of  other  public  land8 


01 


i,  March  20,  1861. 


acts  of  the  Congress  of  tho  Linitod  States,  and  also  wher- 
ever the  State  may  hereafter  grant  lands  to  rail  roads,  and 
that  it  shall  be  the  privilege  of  the  persona  residing  on 
any  of  said  reserved  lands  to  pay  for  the  same  i?i  soldier's 
bounty  laud  warrants,  owned  by  any, citizen  of  this  iState 
on  the  11th  January,  1861,  estimated  at  a  dollar  and 
twenty-five  cents  per  acre,  or  in  any  funds  receivable  for 
State  taxes,  or  both  together,  in  preference  to  any  other 
person,  and  the  price  to  be  paid  in  all  such  cases' shall  be 
tjyo  dollars  and  fifty  cents  per  acre. 

•»..^EC!.  26.  That  every  settler  on  public  laiids  which  have?, 
ueen  or  may  be  withdrawn  from  market  in  consecpieuce 
of  proposed  rail  road^,  and  who  had  settled  or  shall  settle 
therOon,  prior  t-o  the  time  when  the  lines  of  su-ch  rail  roads 
have  been  or  may  be  definitely  fixed,  shall  be  entitled  to 
pre-emption  at  the  ordinary  minimum  to  the  lauds  settled 
on  and  cultivated  by  them :  Provided,  they  shall  prove  up 
their  rights  aud  pay  for  the  land  Qhterfeu,  aeeordii^g  to  the 
rules  and  regulations  prescribed  in  other  ca,ses"  of  prc- 

,  ej^iption  claimants. 

Vj^Sec.  27.     That  every  perf-on  making  application  at  any 

■of  tlie  district  land  offices  in  the  State,  for  the  purchase 

at  private  sale  of  a  tract  of  land,  shall  produce  to  the 

.register  and  receiver  a  memorandum  in  writing,  describ- 

.  -ing  the  tract  which  ho  shall  enter,  by  the  numbcj'  of  tho 
section,  half  section  or  quarter,  (as  the  case  may  be,) and' 
of  the  township  and  range,  subscribing  his.  name  thereto, 

.  which  memorandum  the  register  shall  file  and  preserve  in 
his  oflice.  ,  ,      .       ,.■ 

Sec.  28.  That  all  the  public  lands  ©f  {he  State,  fhc 
sale  of  which  is  authorized  by  la^?,  may,,  when  offerejl  at 
private  sale,  be  purchased  at  the  option  of  the  pnrchaseX'* 

.either  in  entire  sections,  half  sections,  quarter  sections, 
half  quarter  sections,  or  quarter  quarter  section?;  and 

•said  lan'ds  shall  be  subject  to  sale  at  the  following  stated 

•  prices,  to-wit;  Such  lands  as  wore  reserved  by  tlie  United 
States  on  the  11th  January,  18GI,  from  sale,  in  coiise- 


74 
ARTICLE  T. 

DECLAHATION  OF  RK7HTS. 

Tliat  tlic  goneral,  great,  and  ossontial  principles 
of  liberty  and  free  governniont  may  be  recognissod 
and  cstablislied,  we  deciarr: 

Ail  rhxnun^  jSkctiom  1.  That  all  freemen,  when  they  form 
a  pocial  compact,  are  equal  in  rights;  and  that'no 
man  or  sot  of  men  arc  entitled  to  exclusive,  Bcpa- 
rato  public  emolunieuts  or  privilegep,  but  in  con- 
sideration of  public  services. 

I'oMUcai  ^^^*  ^'     ^^'   political  power  is  inlicront  in  the 

I'^j'"""^  people,  and  all  free  governments  arc  founded  oji 
their  authority,  and  instituted  for  their  benefit,} 
and,  therefore,  they  have  at  all  times  an  inaliena- 
ble and  indefeasible  right  to  alter,  reform,  or  abol- 
ish their  form  of  government,  in  such  manner  as 
they  may  think  expedient. 

WAht.  oc  Seo.  8.  No  person  within  tliis  State  shall,  upon 
i.oi  to  bein.  anv  pretence,  be  deprived  of  the  inestimable  privi- 
-I*.  ]Q(Jr^.  ofworshipiug  Uod  in  the  manner  most  agreea- 

ablc  to  his  owu  conscience ;  nor  be  compelled  to 
attend  anyplace  of  worship;  nor  shall  anv  one 
ever  be  obliged  to  pay  any  tithes,  taxes  or  other 
rate,  for  the  building  or  repairing  atiy  place  of 
worship,  or  for  the  maintenance  of  any  ministet 
or  ininitstiT. 

SlvC.  4.  N<»  liiiiiian  iiutlioi'ity  ought,  in  any  case 
whatever,  to  control  or  interfere  with  the  rights 
of  conscjepce. 

"^'  Sec.  6.     Ko  person  kIuiII  be  hurt,  molested  or 

111'  •  ■  ..... 

rL-strained  in  hii?  religions  profession,  sentiments 

or  persuasions,  provided  he  dopn  not  disturb  otheris 

in  their, religious  woi'ship. 


75 


Sec.  6.     The  civil  rights,  privileges,  or  capaci-cjviirin-ht* 
ties  of  an}^  citizeu,  shall  in  no  way  be  diminished,  by' r.'ifg'"''"' 


or  enlarged,  on  account  of  his  religious  princi- 
ples. 


irious 
belief. 


Sec.  7.     There  shall  be  no  establishment  of  re-j^^  ^.5,^^- 
ligion  by  law;  no  preference  shall  ever  be  given gi^^*r?*,'j: 
by  law  to  any  religious  sect,  society,  denomination,  ^^^  '■'^ 
or  mode  of  worship ;  and  no  religious  test  shall 
ever  be  required  as  a  qualification  to  any  ofRce  or 
public  trust  under  this  State. 

Sec.  8.     Every  citizen  may  freely  speak,  write,  F^periom  oi 
and  publish  his  sentiments  on  all  subjects,  being  ^p^'^^'"'''**"- 
responsible  for  the  abuse  of  that  liberty. 

Sec.  9.  Tlie  people  shall  be  secure  in  their  per-  searci»e?. 
sons,  houses,  papers,  and  possessions  from  unrea- 
sonable seizures  or  searches-;  and  no  warrant  to 
search  any  place,  or  to  seize  any  person  or  thing, 
shall  issue  without  describing  them  as  nearly  as 
may  be,  nor  without  probable  cause,  supported  by 
oath  or  affirmation. 

Sec.  10.     In  all  criminal  prosecutions,  the  ac- 

*•  .  '  Riglit'  or  a* 

cusod  has  a  rii'ht  to  be  heard  by  himself  and  conn-  "•^'•' '" 

■-^  "^  criniin:il 

sel ;  to  demand  the  nature  and  cause  of  the  accu-'"^^"'^ 
sation,  and  have  a  copy  thereof;  to  bo  confronted 
by  the  witnesses  against  him  ;  to  have  compulsor}' 
process  for  obtaining  witnesses  in  his  favor ;  and,  in 
all  prosecutions,  by  indictment  or  information,  a 
speedy  public  trial  by  an  impartial  jurj^  of  the 
county  or  district  in  which  the  oftcuse  shall  have 
been  committed :  ho  Bhall  not  be  compelled  to 
Vrive  evidence  against  himself,  nor  shall  he  be  de- 
prived of  his  life,  liberty,  or  property,  but  by  due 
course  of  law. 


JCXJ*tr  '  ^^^  •  ^^'  ^^  pei'son  phall  be  accuted,  arrested, 
TwrT*  ^  or  detained,  cxce|tt.  iu  ca?i.'8  ascortanied  by  law, 
and  according  to  the  forms  which  the  same  lias  pro- 
n«ribed ;  and  no  person  ehtill  be  punislied,  but  ii) 
virtue  of  a  law,  efitahli^^hcd  and  promulgated  pfid^ 
1.,  tiv  .^ft'.i.c.^  |,i,,i  legally  appli^'d. 

t /ivtawe  ^KC.  12.  2no  pcrsoo  shall,  for  any  indictable 
pV.<i»^.»o*'  ,oflenPe,  be  proceeded  airairist  criminally  by  inform- 
atiou ;  except  in  cases  arising  in  the  land  and  naval 
foix?es,  or  the  militia  when  in  actual  service,  or  by 
leave  of  the  court,  for  oppression  or  misdemeanor 
in  '•■m^*'. 


»  ^*- „        Sbc.  13.     No  person  shall,  for  the  same  offense* 
T^lan^ht^^^  twice  put  in  jc(ipardy  of  life  or  limb;  nor  shall 
*'?**•.    .    aiiy  person'^  property  be  taken  or  applied  to  pnb- 
lio,ii&€,  unless  just  compensation  be  made  there- 
for. 


r^iiKi  iv  i.d. . '  Stc.*' 14.     All  courts  shall  be  open,  and  every* 

.'     person,  for  an  injury  done  him,  in  his  lands,  goods^ 

'    person,  or  reputation,   shall  have   remedy  by  dTie» 

<(.iii-;e  of  law,  and  right  andjn«tiec  adniiniatevfclj^ 

)Ut  sale,  denial  or  delay.  • 


Un»s  r..'.         .Six,    1.>.     -N  o  now  fp  oi  susi  icudi  Uir  Uhns  shall  bc 

»    ■•I'lillilod  ,  *  1  o 

w*>  «"ti."e.\'oroised,  (.'xccpt  bv  the  «,'encral  asscmbiv,  or  its 
•''>•.          HUthority. 


f>f  Jmii  Sec.   lb,     Lx-ceesive  bail  shall  not  bo  required, 

nor  excessive  tines  impoficd,  nor  cruel  punislimcnta 
Inflicted. 


Si;r.   J  7.     All  poi'sons  shall,  before  conviction, 
»G  bailable  by  Bufficieut  securities,  except  for  cap- 


77 


ital  offenses,  when  the  proof  is  evident,  or  the 
presumption  great ;  and  the  privilege  of  the  writ 
of  "habeas  corpus"  shall  not  be  suspended,  unless 
when,  in  cases  of  rebellion,  or  invasion,  the  pub- 
•;^lic  safety  may  require  it. 

Sec.  18.     The  person  of  a  debtor,  where  there  o^.i^tw-g 
is  not  strong  presumption  of  fraud,  shall  not  be  "ijjfrged/"" 
detained  in  prison,  after  delivering  up  his  estate' 
for  the  benetit  of  his  creditors,  in  such  manner  as 
shall  be  prescribed  by  law. 

Sec.  19.     ISTo  ex  post  facto  law,  nor  law  impair-^,^^^  ^^ 
ing  the  obligation  of  contracts  shall  be  made.        .;ti<!/<?  law. 

Sec.  20.     No- person  shall  be  attainted  of  trea-jjo  attaint? 
son  or  felon^^  by  the  general  assembly.     Ko  at- 
tainder shall  work  corruption  of  blood,  nor  for- 
feiture of  estate. 

.  Sec.  21.     The  estates  of  suicides  shall  desccndKoforfeit- 
or  vest  as  in  cases  of  natural  death  ;  it  any  per^»on  suici.ic. 
shall  be  killed  by  casualty,  there  shall  be  no  for-. 
feiture  by  reason  thereof.  * 

•"'SEe:  22.     The  citizens  have  a  right,  in  a  peace- Av*«nTi.»y 
able  manner,  to  assemble  together  tor  their  com-" 
mon  good,  and  to  apply  to  those  invested  with  the 
powers  of  government  for  redress  of  grievances, 
or  other  proper  purposes,  by  petition,  address,  or 
remonstrance. 

Skc.  23.     Every  citizen  has  a  right  to  bear  arnia  m,)  vst 
in  defense  of  himself  and  the  State. 

Sec.  24.     Ko  standing  army  shall  be  kept  upM»r,.Hng 
without  tlic  consent  of  the  general  assembly  ;  and,  "" ' 


78 


in  tliat  csise,  no  appropriation  of  money  for  its 
support  shall  be  for  a  longer  term  tban  one  year; 
•and  the  military  shall,  io  all  case?,  an«l  at  all  times, 
he  in  strict  subonlinalioii  to  the  civil  power. 

Quart,  rinff      Bbc.  2$.    No  BoUlier  shall,  in  time  of  peace,  b^  * 
quartered  in  any  lionse,  without  the  consent  of 
tbe  owner;  nor  in   time  of  war.  Iml  in  ;i  manner 
to  be  prescribed  by  law. 


No  tiiics  of  Hjt.  21).  >»(7  title  ot  nobility,  or  hcreditarv  clis- 
tinction,  privilege,  Jionor,  or  emolument,  shall 
cvwVbe  granted  or  coufcVred  in  this  State;  nor 
shall  any  office  be  created,  the  appointment  of 
which  shall  be  for  a  1on'j"<'r  trriii  than  rluringgood 
t  behavior.' 


Rmicr.i-  ^>i,t.-.  27.     li^nuui iiLioii  irum  iiii^Maic  shall  not 

be  ]trohihited,  nor  shall  any  citizen  be  e.xilcu. 

Tr.aii'.N  t)Ei;.  -».     The  rii,'ht  of  trial  bv  jurv  bhall  remain 

invunate. 


Ki^iagif  fiEc.  29.     No  person  shall   bo  debarred  from 

"•  prosecuting  or  defending  any  civil  cause,  tor  or 

ngaiust  him  or  herself,  l»efore  any  tribunal  in  this 
ISlalc.  by  him  or  herself,  or  counsel. 

K>wutru-  i<\:c.  iJO.  This  enumeration  of  certain  rights 
rijtiti.  shall  not  be  construed  to  deny  or  disparage  others 
retained  by  tfie  i»eople  :  and  to  guard  against  any 
encroachments  (Ui  the  rights  heroin  retained,  or 
any  transgression  of  any  of  the  high  powers  herein 
delegated,  we  declare,  that  every  thing  in  this  ar- 
ticle is  excepted  out  of  the  general  powers  of  gov- 
M-iuiicnt.  ;nMl  sliall  forever  remain  inviolate;  and 


79 


that  all  laws  contrary  thereto,  or  to  the  following 
provisions,  shall  he  void. 

ARTICLE  II. 

DISTRIBUTION  OF  POWERS. 

Sec.  1.  The  powers  of  the  government  of  the  tihtc  dis- 
State  of  Alabama  shall  be  divided  into  three  dis- paHmcni*. 
tiuct  departments ;  and  each  of  them  confided  to 
a  separate  body  of  magistracy,  to-wit :  those  which 
are  legislative  to  one ;  those  which  are  executive, 
to  another;  and  those  which  are  judicial  to  ano- 
ther. 

Sec.  2.     No  person,  or  collection  of  persons,  iniepcnd- 
being  of  one  of  those  departments,  shall  exercise  o?her^  ^^'^^ 
any  power  properly  belonging  to  either  of  the 
others,  except  in  the  instances  hereinafter  express- 
ly directed  or  permitted. 

•i  ARTICLE  III. 

f: 

LEGISLATIVE  DEPARTMENT. 

Sec.  1,     The   legislative   power  of  this  State  i^v., 
shall  be  vested  in  two  distinct  branches;  the  one  '^*"' 
to  1)6  styled  the  Senate,  the  other  the  House  of 
licpresentativee,  and  both  together  "The  General 
Assembly  of  the  State  of  Alabama;"  and  the 
8tvlc  of  their  laws  shall  be,  "Be  it  enacted  by  the,  3t>'"  »^ 
Senate  and  House  of  Representatives  of  the  State 
of  Alabama  in  General  Assembly  convened." 

Sec.  2.  The  members  of  the  House  of  Repre- ^^,,0^^  o( 
sentativcs  shall  be  chosen  by  the  qualified  electors,  Lw"^"^",,. 
and  shall  serve  for  the  term  of  two  yeara  from  the 


WbMirho- 

•ra. 


lll^y  of  the  coMrftAtfe^Mfeirt  of  tliff  gen  oral  oIoctioD^ 
and  no  longer. 

tjKc.  3.  The  representatives  shall  be  chosen 
<»verf  two  year<*,  on  the  first  Monday  in  August, 
until  otherwise  directed  hy  law. 

fcjKC.  4.  No  person  shall  be  a  repre^cnlative, 
n^.  unless  lie  be  a  white  man,  a  citizen  of  tlic  State 
of  Alabama,  and  shall  have  been  an  inhabitant  of 
this  State  two  years  next  preceding  his  election, 
and  tbe  last  year  thereof,  a  resident  of  tlie  county, 
city,  or  town,  for  which  he  shall  be  chosen,  iind 
shall  have  attained  the  age  of  twenty-ono  years. 

^^il|.-.  .  Sec,*5,V  Every  male  white  person  of  the  age  of 
2^****^  twent3'-rtne  years,  or  upwards,  who  shall  be  a  citi- 
zen of  this  State,  and  shall  have  resided  therein 
one  year  next  preceding  an  election,  and  the  last 
three  niontlis  within  a  county,  city,  or  town,  in 
which  he  oifers  to  vote,  shall  l)e  deemed  a  qualified 
elector,  but  no  elector  shall  be  entitled  to  vote  ex- 
cept iu  the  county,  city,  or  town,  (eutitled  to8ep»- 
niGo  representation)  in  which  he  may  reside  u,t  the 
time  of  the  oh.'Ction. 


j'r'ivllpg 


iu^r,  •^''•^'  ^-  -I'^lt!ctors  shall,  iu  all  cases,  except  in 
those  of  treason,  felony,  or  broach  of  the  peace, 
be  privileged  from  arrest  during  their  attendance 
at  elections,  and  iu  going  to  and  returning  from 
the  same. 

fl'Ci'i'ir         ^^^'  '^'     ^"  '*"  elections  by  the  peoi)le,  the  elec- 
tors riliall  vote  by  ballot,  until  the  general  assom- 
'  blv  shall  otherwise  direct. 


81 


Sec.  8.     Elections  for  representatives  for  the  Eunions, 
several  counties  shall  be  held  at  the  place  of  hold- ^^ '*"■*= ''*'^^- 
ing  their  respective  courts,  and  at  such  other  pla- 
ces as  may  be  prescribed  by  law  :  Provided,  That 
when  it  shall  appear  to  the  general  assembly,  that 
any  city  or  town   shall   have  a  number  of  white  separated 

•     II-  •         1  ^        1    '        1       •        representa- 

mhabitants  equal  to  the  ratio  then  nxed,  such  city  "on  of  cities 

■"•  '       ,  '    or  towns. 

or  town  shall  have  a  separate  representation,  ac- 
cording to  the  number  of  white  inhabitants  there- 
in ;  which  shall  be  retained  so  long  as  such  city  or 
town  shall  contain  a  number  of  white  inhabitants, 
equal  to  the  ratio  which  may  from  time  to  time 
be  fixed  by  law  ;  and  thereafter,  and  during  the 
existence  of  the  right  of  separate  representation, 
in  such  city  or  town,  elections  for  the  county  in 
which  such  city  or  town  (entitled  to  such  separate 
representation)  is  situated,  shall  not  be  held  in 
such  city  or  town  :  but  it  is  understood,  and  here- 
by declared,  that  no  city  or  town  shall  be  entitled 
to  separate  representation,  unless  the  number  of 
white  inhabitants  in  the  county  in  which  such  city 
or  town  is  situated,  residing  out  of  the  limits  of 
such  city  or  town,  be  equal  to  the  existing  ratio;  Residuum, 
or  unless  the  residuum  or  fraction  of  such  city  or  6^^^"'*°*' 
town  shall,  when  added  to  the  white  inhabitants 
of  the  county,  residing  out  of  the  limits  of  said 
city  or  town,  be  equal  to  the  ratio  fixed  by  law 
for  one  representative ;  and,  provided,  that,  if  the 
residuum  or  fraction  of  any  city  or  town,  entitled 
to  separate  representation,  shall,  when  added  to 
the  residuum  of  the  county  in  which  it  may  lie, 
be  equal  to  the  ratio  fixed  by  law  for  one  represent-  p^^^^^,^ 
ative,  then  the  aforesaid  county,  city,  or  town, 
having  the  largest  residuum,  shall  be  entitled  to 
such  leprcsontation  :  (nul,j>rovidal,  also,  that  where 
there  arc  two  or  more  counties  adjoining,  which 
have  residuums  or  fractions  over  and  above  the 


roa<nttAUaa. 


82 


ratio  then  fixed  by  law,  if  said  residuiiins  or  fr^ic- 
ti.^ns,  when  added  together,  will  amount  to  such 
ratio,  in  that  case  one  representative  shall  be  add- 
ed to  that  county  having  the  largest  residuum. 

'j«JB^'''  Sec.  9.  The  General  Assembly  sliall  cause  ad 
enumeration  to  be  made  in  the  year  eighteen  huu- 
drodand  fil'ty,  and  eighteen  hundred  and  fifty-livo, 
and  every  ten  years  thereafter,  of  all  the  white 
inliabitants  of  this  State;  and  the  whole  number 
of  representatives  shall,  at  the  first  regular  session 
after  such  enumeration,  be  apportioned  among 
the  several  counties,  cities,  or  towns,  entitled  to 
separate  representation,  according  to  their  respect- 
ive number  of  white  inhabitants,  and  the  said  ap- 
l)ortionment,  when  made,  shall  not  be  subject  to 
alteration  until  after  the  next  census  shall  be 
taken. 

|bet_.  «i  ^>Kc.  10.  The  general  assembly  shall,  at  th0 
first  session  after  making  every  such  enumeration, 
fix  by  law  the  whole  number  of  senators,  and  shall 
divide  the  State  into  the  same  number  of  districts, 
as  nearly  equal  in  the  number  of  white  inhabitants 
as  may  be,  each  of  which  districts  shall  be  entitled 
^  one  senator,  and  lU)  more :  Provided,  that  the 
whole  number  of  senators  shall  never  be  less  than 
one-fourth,  nor  never  more  than  one-third,  of  the 
wliole  number  of  representatives. 


licriHioiiiii 


!Si;c.  li.  When  a  senatorial  district  shall  be 
composed  of  two  or  more  counties,  the  counties 
of  which  such  district  consists,  shall  not  be  en- 
tirely separated  by  any  county  belonging  to  an- 
other district;  and  no  county  shall  be  divided  in 
forming  a  district. 


83 


Sec.  12.  Senators  shall  be  chosen  by  th6  qual- senators, 
ified  electors,  for  the  term  of  four  3'^ears,  at  the 
same  time,  and  in  the  same  manner,  and  at  the 
places  where  they  may  vote  for  members  of  the 
House  of  Representatives  ;  and  no  person  shall  be 
a  senator,  unless  he  be  a  white  man,  a  citizen  of  3""''"'=^; 

'  ^  '  tion»lijrSen- 

the  State,  and  an  inhabitant   thereof  two  years •■*'"'^- 
next  preceding  his  election,    and   the  last  year 
thereof,    a  resident   of  the  district  for  which  he 
shall  be  chosen  ;  and  shall   have   attained  to  the 
ago  of  twenty-seven  years. 

,  ,  S<EC.  13.     Senators  shall  be  chosen  for  the  term  Period  of 
of  four  years;  yet,    at  the   general    election  after  , 

every  new  apportionment,  elections  shall  be  held 
anew  in  every  senatorial  district ;  and  the  sena- 
tors elected,  when  convened  at  the  first  session, 
shall  be  divided  by  lot  into  two  classes,  as  nearly  ^,!^|j'^^'"'°'«' 
equal  as  may  be  :  the  seats  of  those  of  the  first 
class  shall  be  vacated  at  the  expiration  of  two 
years,  and  those  of  the  second  class  at  the  expira- 
tion of  four  years,  dating  in  both  cases  from  the 
day  of  election,  so  that  one  half  may  be  biennial- 
ly chosen,  except  as  above  provided. 

t>EC.  14.     The  House  of  Representatives,  when  ^. 

'■  '  Ohicors  of 

assembled,  shall    choose  a  speaker,  and  its  other  ^i"-,  ««»»«« 

'  ^  '  an. I  Senate. 

ofiieers  ;  and  the  Senate  shall  choose  a  President 
and  its  other  oflicers,  biennially  :  each  house  shall 
judge  of  the  qualifications,  elections  and  returns  of 
its  own  members ;  but  a  contested  election  shall 
be  determined  in  such  manner  as  shall  be  direct- ^u.?{?^'* 
ed  by  law. 

.  15.     A  majority  of  each  house  constitute  Q^^^nm. 
a  quorum  to  do  business,  but   a  smaller  number 
may  adjourn  from  day  to  day,  and   may   compel 


84 


^^j^       tno  httonaanco  of  absent  merabers.  lu  siu-h  wan- 
■«**•"      ncr  an<l  uudcr  such  ]K-n:!ltio-,  m-j  ench  Ikmiso  may 
j»rovi<lo. 


Bolei. 


Pin  I 


i>i,<  .    iti.       Kaeli  lioliM'  liiav    (li.ii.-i  mi  ik-  liic  I  ulos 

<5f  its  own  proccccliiig:5,  punish  mcnibi'it;  lor  dis- 
orderly bcliavior,  and,  with  the  consent  of  two- 
thirds,  expel  a  member  ;  but  not  ft  second  time  for 
the  same  cause  ;  and  shall  have  all  otlier  povr- 
ere  necessary  for  a  brajich  ol  the  legislature  of  a 
free  and  independent  State. 

^11.  IT.  Kach  house,  during  the  session,  may 
'Jcrtittu"  puni.-^h  by  imprisonment,  any  person,  not  a  mem- 
ber, for  disrespectful  or  disorderly  behavior  in  its 
pri'goncc,  or  for  obstructing  any  of  its  proceed, 
intfM  :  Provided,  that  such  imprisonment  shall  iiot- 
at  any  one  time,  exceed  forty-eight  hours. 

,  __  ,     ,  .  Sec.  ISfi     Each  house  shall  keep  a  journal  of  its 

J.iutrtal  •    of  ,  . 

Vptct-d'rfj*. proceedings,  and   cause  the  same  to  be  published 

immediately  after  its  adjournment,  excepting  such 

parts  H8,  in    its  judgment,   may  require  secrecy  ; 

I       .         and  the  yeas  and  nays   of  the  members  oJ    oithox 

,^„j     house,  on  any  question,  shall  at, the  desire  of  one 

■^^  ■  ■  tenth  of  the  members  present,  be  entered  on  the 

y^-        journals.     Any  member  of  either  house  shall  have 

liberty  to  dissent  from,  or  protest  against,  any  act 

or  rcsohuiun,  which  he  may  think  injurious  to  the 

Protwt  public  or  an  iiidivi<lu;il,  and  luive  the  reasons  of 
his  dissent  entered  on  the  journals. 

p#ru«aMi  Sb(?.  19.  Senators  and  Representatives  shall, 
m  all  cases,  except  treason,  lelony,  or  breacli  or 
tiie  peace,  be  privileged  from  arrest,  during  the 
session  of  the  General  Assembly,  and  in  going  to 
and  returning  from   the  same ;  allowing  one  day 


««. 


8^ 

for  every  twenty  miles  such  member  may  reside 
from  the  place  at  which  the  General  Assembly'  is 
convened;  nor  shall  any  member  be  liable  to  an- 
swer for  any  thing  spoken  in  debate  in  cither 
house,  in  any  court  or  place  elsewhere. 

Sec.  20.     When  vacancies    happen   in   either  „ 
house,  the  Governor,  or  the  person  exercising  the'"''*' *"'^*'' 
powers  of  the  Governor,  shall  issue  writs  of  elec- 
tion to  fill  such  Vacancies. 

Sec.  21.  The  doors  of  each  house  shall  be  open,  poors  kept 
except  on  such  occasions,  as,  in  the  opinion  of  theXen.^'^*"''" 
house,  may  require  secrecy. 

Src.  22.     Neither  house  shall,  without  the  con- ^,jj„„f„, 
sent  of  the  other,  adjourn    for    more    than  three  ™n!''^*"'"' 
days,  nor  to  any  other  place  than   that  in  which 
they  may  be  sitting. 

Sec.  23.     Bills  may  originate  in  either  house, 
and  be  amended,  altered,  or  rejected,  bj^  the  oth- J'jj8i'»*^^.' 
er;  but  no  bill  shall  have  the  force  of  a  law,  until  '  '* 

on  three  several  days  it  be  read  in  each  house ; 
and  free  discussion  be  allowed  thereon  ;  unless, 
in  case  of  urgency,  four-fifths  of  the  house,  in 
which  the  bill  shall  be  depending,  may  deem  it 
expedient  to  dispense  with  this  rule  :  and  every 
bill,  having  passed  both  houses,  shall  be  signed 
by  the  Speaker  and  President  of  their  respective 
Jiouaes:  Provided,  that  all  bills  for'raising  revenue 
shall  originate  in  the  House  of  Representatives, 
but  the  Senate  may  amend  or  reject  them  as  oth- 
er bills. 


Sec.  24.     Bach  member  of  the  General  Asscm- oomponse 
hiy  shall  receive  from  the  public  treasury,  such  t*»* 


86 


compensation  fol"  bis  services,  as  may  be  fixed  b} 
'a\v;  but  no  increase  of  compensatioji  shall  tnlce 
<.'fl('ct  during  the  session  at  which  pucIi  incr(  nsc 
shall  have  been  made. 

M.inhcrfn.  I      Sec.  25.     Xo  Sciiator  or  Kepresentative  bhall 
^SSa**"    during  the  term  for  which  he  shall  have  been  dec- 
led,  be  appointed  to  any  civil  office  of  profit  under 
tbi.s  State  ;  except  such  offices  as  may  be  filled  by 
elections  by  the  people. 

mt^SSy.  Skc.  20.  JS'o  person  holding  any  lucrative  oflice 
UHtler  this  StJjte,  or  any  other  power,  the  office  of  . 
Pogtmaater,  offices  in  the  militia  to  which  tbeifiSf ,  < 
is  attached  no  annual  salary,  justices  of  the  peace, 
commissioners  of  the  Court  of  County  Commis- 
sioners, notary  public,  and  commissioner  of  deed  - 
excepted,  shall  be  eligible  to  the  General  Astern* 
bly  of  tjj^^State. 

.^iMiode-  Sbo.  27.  Ko  person  who  may  hereafter  be  a 
xiw^nvi.  i  collector  or  holder  of  public  moneys,  shall  have  ft 
'seat  iu  either  house  of  the  General  Assembly,  oiy  " 
be  eligible  to  any  office  of  trust  or  profit  undeif. 
this  State,  until  he  shall  have  accounted  for,  ana 
j)aid  into  the  treasury,  all  suins  for  which  he  niay 
be  accountable. 


I.'L'Ulaluro 
-ii.UI  iiiffct. 


SiiC.  28,  The  General  Assembly  shall  meet  iin- 
nually,  on  such  day  as  may  be  provided  by  law, 
and  may  continue  in  session  not  more  than  thirty 
days.  The  next  session  of  the  General  Assembly 
shall  commence  on  the  second  Monday  in  Novem- 
ber, eighteen  hundred  and  sixty-one. 

^*  Sec.  2d.     No  special   law  .shall  be  enacted  for 
e  benefit  of  individuals  or  private  corporations, 


i 

m  cases  which  are  provided  for  by  a  general  latv, 
or  where  the  relief  sought,  can  be  given  by  any 
court  of  this  State. 

Sec.  80.     Private  property  shall  not  be  taken  private 
for  private  use,  or  for  the  use  of  corporations,  otb-  ITlt  Ukken 
cr  than  municipal,   without   the  consent  of  the  use. 
owner ;  but  the  right  of  way  may  be  secured  by 
law,  to  persons  and   corporations,  over  the  lands 
of  persons  and  corporations;  also,  the  right  to  es- 
tablish depots,  stations  and  turn-outs  to  works  of 
public  improvement :  Provided,  just  compensation  Exception, 
is  made  to  the  owner  of  such  land. 


Sec.  31.     ^o  power  to  levy  taxes  shall  be  dele-  Power  to 

.  *  *'  .  levy  taxt 

gated  to  individuals  or  private  corporations.  restrktcu. 


tax<?e  ■ 


Sec.  32.     Taxes  shall  not  be  levied  for  the  ben-  Levy  of  tax. 

e». 

efit  of  individuals  or  corporations,  other  than  mu- 
nicipal corporations,  without  the  consent  of  the 
tax-payer  ;  but  this  section  shall  not  be  so  con- 
strued as  to  effect  the  power  of  the  General  As- 
sembly to  perfect  or  secure  any  right  or  privilege 
arising  under  any  existing  law  of  this  State  ;  and 
no  right  or  privilege  arising  under  any  existing 
law  of  this  State,  shall  be  affected  by  this  .sec- 
tion. 

Sec.  83.     The  General  Assembly  shall  not  bor- 
row or  raise  money  on  the  credit  of  the  State,  ex- 
cept for  purposes   of  military  defense  against  £to- 
tual  or  threatened  invasion,  rebellion,  qr insurrec- 
tion, unless  two-thirds  of  the   members  elected  to 
each  house,- shall  concur;  nor,  shall  the  d- 
liabilities  of  any  corporation,  person  or  ] 
or  othor   State   bo   L'-iiai-jntocd  ;  or  any  v 
cr  liinglo.'i-  u  away,  unh 


1 


88 


urroncc  of  each  house,  voting,  in  cii-c^ 
y.  \ :  1  <i  for  in  thi:*  section.  l,\v  (ti/cs  iv\<]  no'j?  »■)  1h^ 
placed  upon  the  journal <. 

ARTICLE  IV. 

EXECUTIVE   DEPARTMENT. 

v-.a  hi  R     S£c.  1»     The  supreme  executive  power  of  this 

(t   v(rnor.  *  ^ 

State  phnll  be  vested  in  a  chief  magistrate,  who 
Miall  be  styled  the  (rovernor  of  the  8tatc  of  Ala- 
baiua. 


r,<,«->  r,         ^i:<-   2.     Tlic  ('ovc'iuor    shallbo  elected  by  the 
' '^"  '  qualified  electors,  at   the   time    and   places  when 
they  shall  respectively  vote  for  RepresentatiN-es. 

BiiorB»,iK»w    -Seg.  3.     The  returns  of  every  election' for  Gov- 
ernor, shall  be  sealed  up,  and  transmitted  to  the 
seat  of  i^ovcrnnient,  directed  to  the  speaker  of  tli%   * 
House  of  Ivepregeutatives,  who   shall,  during  the 
wtnud.  "   first  week  of  the  session,  open   and  publish  them 
in  presence  of  both  houses  of  the  General  Assem- 
i*(\j.-aiu*  lo  biy.     The  person  having  the   highest  number  of 
''"''■      •  votes  shall  be  Governor,  but  if  two  or  more  shall 
Ti.  bo  equal  and  highest   in    votes,  one  of  them  sliall 

he  chosen  Governor  by   the  joint   vote   of  both 
coT.i.Mcu     houses.     Contested  elections  for  Governor  shall 
'     ."**     bo  determined  by  both  houses  of  the  General  As- 
souibly,  in  sncli  manner  n.s  shall  be  prescribed  by 
law. 

Tirm  i>f  of.  Sr.c.  4.  ■  TJio  Governor  shall  hold  his  oftioe  for 
tl»e  term  of  two  years,  from  the  time  of  his  instal- 
luliot),  and  until  his  successor  shall  be  qualified  ; 
but  bhall  not  be  elogible  for  more  than  four  years 
in  any  term  of  six  years  ;  he  shall  be  at  least  thir'* 


89 
...       •  i.    •     . 

tj7^rs  (5rage,  shall  be  a  citizen  of  the  Sfate  of 
Alabamp,,  and  native  of  oue  of  the  States  or  Ter- ^'^"'""^" 
ritorics,  lately  styled  the   United  States  of  Amer- 


ica. 


Sec.  5.     He  shall,   at   stated   times,  receive  a 
compensation  for  his  services,  which  shall  not  be«'on-       ^ 
increased  or  diminished  during  the  term  for  which 
he  shall  have  been  elected. 

Sec.  6.     He  shall  be  commander-in-chief  of  the  comman- 
nrray  and  navy  of  this  State,  except  when  acting **"'*""='''^'- 
with  any  other  power,  in  which  case,  the  General 
Assembly  shall  fix  his  rank. 

Sec.  7.     He  may  require  information  in  writing  May  require 
from  the  officers  of  the  executive  department,  on  r/oxealti'Te 
any  subject  relating  to  the  duties  of  their  respec-"^"^*"" 
tive  offices. 

Sec.  8.     He  may,  by  proclamation,  on  extraor-, 
dinary  occasions,  convene  the  General  Assembly  convening 

.    .  1  ^  , .  „.  ,  and  ad.iourti- 

at  the  seat  oi  government,  or  at  a  diiterent  place,  inguonerai 
it  that  shall  have  become,  since  their  last  adjourn- 
ment, dangerous  from  an  enemy,  or  from  conta- 
gious disorders;  in  case  of  disagreement  between 
the  two  houses,  with  respect  to  the  time  of  ad- 
journment, he  may  adjourn  them  to  such  time  as 
he  shall  think  proper,  not  beyond  the  day  of  the 
next  annual  meeting  of  the  General  Assembly. 

Sec.  9.     He  shall,  from  time   to   time,  give  to^,^^ 
the  General  Assembly,  information  of  the  state  of  *''V 
the  government,  and  recommend  to  their  cousid-*''^" 
eration    sucli   measures   as  he   mov   docin  cxpc- 
dieut. 


fnitlifullv  executed 


90 

10.     IL^^UaW  f.i..- ■•■..•..   fl,.;    il.n  1. 


k^iA.  11.  ill  all  ciiiiiiiial  ami  iioiial  cusci<.  ex- 
cept ill  tb()?e  of  treason  uml  inqicacluTiont,  li'ct^liall 
Hiipowrm  have  power  to  ffraiit  reprieves  and  pardons,  nnd 
«■«  remit  hues  and  forfeitures,  under  sucli  rules  ana 
regulations  as  shall  bo  prescribed  by  law.  In 
cases  df. treason,  be  sball  have  power,  by,  and  with 
the  advice  and  consent  of  the  Senate,  to  grant  ro- 
}trieve6  and  pardons;  and  be  may  in  the  recess  of  , 
the  Senate,  respite  the  sentence  until  tbc  end  of"^ 
the  next  session  of  the  General  Assembly.  ^  • 

Sec' 12.     There  shall   be  a  Seal  of  this  State,  •. 
which  shall  be  kept  by  the  Governor,  and  used  by 
him  ofliciallv.  —;  < 

6bc.  13.     All  commissions  shall  be  in  the  namo,<^ 
and  by  the  authority  of  the  State  of  Alabama,  be 
sealed  with  the  State  Seal,  signed  by   the   (tover- 
iior,  and  attested  by  the  Secretary  of  State.  \, 

Six.  14.     There  shall  be  a  v:i_c,\  ,„iy  of  Slate,  "^ 
ppointed  ^by  a  joint  vote   of  botb  houses  of  the 
General  Assembly,  who   shajl  continue  in  olHce 
diiriiiK-the  term    of  two  years.     He  shall  keep  a 
fai;'  register  of  all  oflioial  acts  and  proceedings  of 
tli€  Governor,  and  shall,  when   required,  lay  the 
sain(»,  and  all  papers,  minutes   and  vouchers  rel^-'.^' 
live  thereto,   before  the  General  Assembly ;  an*d  • 
hlmM  pe4*form  such   other  duties  as  iuixy  be  re- 
<■] aired  of  him  by  law. 


Oocin 

sifi.v 


how  lUlnl 


1    .     Vacancies  that  may  happen  in  offices, 
.   the  appoijiiment  ol  whieli  is  vested  \n  the  Geneiwiji^" 
•  Asecmbly,  shall  be  filled  by  the  Governor,  daring" 


91 


tlie  recess  of  the  General  Assembly,  by  granting, 
commissions,  which  shall  expire  at  the  end  of  the 
next  session. 

Sec.  16.     Every  bill   which   shall  have  passed 

•'  ^  Governor's 

both  houses  of  the   General  Assembly,  shall  be  p°'«'<^"  "i"' 

•^  '  duty  in  rela- 

presented  to  the  Governor  ;.  if  he  approve,  heshall  «ont.Miiii?. 
sign  it,  but  if  not,  he  shall  return  it  with  his  ob- 
jections, to  the  house  in  which  it  shall  have  origi- 
nated, who  shall  enter  the  objections  at  large  upon 
the  journals,  and  proceed  to  reconsider  it ;  if  after 
such  reconsideration,  a  majority  of  the  whole 
number  elected  to  that  house  shall  agree  to  pass 
the  bill,  it  shall  be  sent,  with  the  objections,  to 
the  other  house,  by  which  it  shall  likewise  be  re- 
considered ;  if  approved  by  a  majority  of  the  whole 
number  elected  to  that  house,  it  shall  become  a 
law :  but  in  such  cases,  the  votes  of  both  houses 
shall  be  determined  by  yeas  and  nays,  and  the 
names  of  the  members  voting  for  or  against  the 
bill  shall  be  entered  on  the  journals  of  each  house 
respectively :  if  any  bill  shall  not  be  returned  by 
the  Governor  within  five  days,  Sunda3's  excepted, 
after  it  shall  have  been  presented  to  him,  the  same 
shall  be  a  law  in  like  manner  as  if  he  had  signed 
it,  unless  the  General  Assembly,  by  their  adjourn- 
ment, prevent  its  return,  in  which  case  it  shall  not 
be  a  law. 

Sec.  17.     Kvciy  order,   resolution,  or  vote,  to 
which  the  concurrence  oi  both  houses  maybe  nec-tionstou^  ' 


essary,  except  on  questions  of  adjournnieot,  shall  Bfits. 
be  presented  to  the  Governor,  and,  before  it  shall 
take  effect,  be  approved  by  bim,  or  being  disap- 
]  roved,  shall  be  repassed  by  both  houses,  accord- 
ing to  the  rules  and  limitations  prescribed  ju  the 
case  of  a  bill. 


]8.     In  case  of  the  impeachment  of  the 
•r.  ]jis  removal  from  oftice,  Uoatli,  refusal 
resignation,  or  absence  from  the  State. 
a^»^i*'    tlio  I'lfaident  of  the  Senate  shall  exercise  all  the 
power  and  authority  appertaining  to  the  office  of 
G-overnor,  until  the  time,  pointed  out  by  tliisCon- 
gtitution  for  the  election  of  Governor,  shall  arrive, 
unless  the  General  Assembly  shall  provide  by  law 
for  the  election  of  a  Governor  to  fill  such  vacan- 
cy, or  until  the  Governor  absent  or  impeached. 
Jjhall  return  or  be  acquitted. 

> :  .  1  ■.  If,  during  the  vacancy  of  the  office  o) 
n  •  cr  Hi.  Governor,  the  President  of  the  Senate  shall  be  im- 
*''"'"'"  peached,  removed  from  office,  refuse  to  qualify, 
resign,  die,  or  be  absent  from  the  State,  the 
Speaker  of  the  House  of  Ilepresentatives,  shall,  iir 
like  manner,  adniiniHtor  the  government.  If 
tljere  is  no  President  of  the  Senate,  nrno  Speaker 
ofthellouse  of  Represcntativr  Secretary 

of  State  shall  exercise  all  the  dulics  and  powers 
appertaining  to  the  office  of  Governor,  until  the 
office  of  Governor  is  filled,  as  provided  by  this 
Constitution. 


r«i..pwisa- 


t-L'..  L'U.  TIjo  I'resident  of  the  Senate  and 
Speaker  of  the  House  of  Representatives,  and  the 
Secretary  of  State,  during  the  times  they  respec* 
tively  administer  the  government,  shall  receive 
the  same  compensation  which  the  Governorwould 
have  received,  had  he  been  employed  in  the  du- 
ties of  his  office. 

Si:c.  21 .     The  Governor  shall  always  reside  dii- 

*^.-r<to  V  ring  the  session  of  the  General  Assembly,  at  the 

plftcQ  where  their  session  may  be  held,  and  at  all 


H-ii 


93 

other  times,  wherever,    in  their  opinion,    public         •^ 

good  may  require. 
■  »'  ■ 

K  ■    Sec.  22.     No  person   shall  hold   the  office  of 

•••  ...       (rovernor 

Governor,  and  any  other  office  or  commission,  civ-  ""t  toi»>i<i 

^  "^  any  office. 

il  or  military,  either  in  this  State,  or  under  any 
State,  or  any  other  power,  at  one  and  the  same 
time. 

Sec.  .23.     A  State  Treasurer  and  a  Comptroller  ^^^^^^^^^^ 
of  public  accounts,  shall  be  biennially  elected  by  ['"o',',^^""'^- 
joint  vote  of  both  houses  of  the  General  Assem-      -'^TiSl'* 
bly.  '^ 

Sec.  24.     A  sheriff  shall  be   elected   in   each 
county  by  the  qualified  electors  thereof,  who  shall  elected; 

J       •'  i^  term  of 


ser-. 


hold  his  office  for  the  term  of  three  years,  unless  vice  and 

♦^  \  qualifica- 

soouer  removed,  and' who  shall  not  be  eligible  to  "un- 
serve either  as  principal  or    deputy,  for  the  three 
succeedinoj  years.     Should  a  vacancy  occur  subse- Vacancies,*, 

°  "^  •'  how  filledjjf 

quent  to  an  election,  it  shall  be  filled  by  the  Gov-  "•• 

ernor,  as  in  other  cases,  and  the  person  so  appoipt- 
cd  shall  continue  in  office  until  the  next  general 
election,  when  such  vacancy  shall  be  filled  by  the 
qualified  electors,  and  the  sheriff  then  elected  shall 
continue  in  office  for  three  years. 

MILITIA. 


Sec.  1.     The  Genei*al  Assembly  shall  provide  jniuvt,,,, 
by  law. for  organizing  and  disciplining  the  militia*^'**"'  ^*'' 


llflw 


of  this  State. 


Sec.  2.     Any  person  who  conscientiously  scru- 
ples to  bear  arms  shall  not  be  compelled  to  do  so.  who  ax- 

11-11  •  '  cimiL 

but  shall  pay  au  equivalent  for  personal  service.      ;v  '.vv^ 


T(,nh. 


94 

8ec,  3.     The  Governor  shall  have  power  t(tc4!r" 
forth  the  militia  to  execute  the  laws  ol  the  tState, 
to  suppress  insurrections,  and  repel  invasions. 

.SiA.  4.  All  ofHccrs  of  the  militia  shall  be 
elected  or  appointed  in  such  manner  as  may  be 
prescribed  by  law :  Provided,  that  the  General  As- 
"  '  '  senihly  shall  not  make  any  such  elections  or  ap- 
pointments, other  than  tboseof  adjutants-general, 
and  i^uarter-masters  general. 

Aias,.ve..  Sec.  5.  The  Governor  shall  appoint  his  aids- 
^"*  "'''^'""  de-camp ;  majors  general,  their  aids-de-camp,  and 
all  division  and  staff  officers  ;  brigadiers  general 
shall  appoint  their  aids,  and  all  other  brigade  staflf 
officers  ;  and  colonels  shall  appoint  their  regimen- 
tal staff  officers. 

,.,,,,,,  ^^      Sic.  6.     The   General   Assembly  shall   iix,  by 
■   law,  the  method  of  dividing  the  militia  into  di- 
.7st«ii.  ■■'^' visions,  brigades,  regiments,  battalions,  and  com- 
panies :  and  shall  iix  the  rank  of  all  staff  officers. 

ARTICLE  V. 

JUDICIAL   DEPARTMENT. 


.iiKllcini 
po«w. 


Sec.  1.  The  judicial  power  of  this  State  shall 
be  vested  in  one  Supreme  Court,  Circuit  Courts  to 
be  held  in  each  county  in  the  State,  and  such  in- 
ferior courts  of  law  and  equity,  to  consist  of  not 
more  than  five  members,  as  the  General  Assem- 
bly may,  from  time  to  time,  direct,  ordain  and  es- 
tablish. 

Sec.  2.  The  Supreme  Court,  except  in  cases 
otherwise    directed   by  this-  Constitution,  shall, 


95 


have  appellate  jurisdiction  oiih^,  which  shall  be 
co-cxtensive  with  the  State,  under  such  restric- 
tions and  regulations,  not  repugnant  to  this  Con- 
stitution, as  may  from  time  to  time,  be  prescribed 
by  law  :  Provided,  that  the  Supreme  Court  shall 
have  power  to  issue  writs  of  iiyunctlon,  mandtimus,^ 
quo  warranto,  habeas  corpus,  and  such  other  reme- 
dial and  original  writs  as  may  be  necessary  to  give 
it  a  general  supcrintendance  and  control  of  infe 
rior  jurisdictions. 

Sec.  o.     The  Supreme  Court  shall  be  holden  atgupren^e 
the  seat  of  government,  but  may  adjourn  to  a  dif- hoidel,!'''^'^^ 
ferent  place,  if  that  shall  have  become  dangerous 
from  an  enemy  or  from  disease. 

Sec.  4.     The  State  shall  be  divided  into  con- 

,  1        .  .       1      11  •  state  to  be 

venient  circuits,  and  each  circuit  shall  contain  not<iivide.i  into 

circuits. 

less  than  three,  nor  more  than  six  counties  ;  and 
for  each  circuit  there  shall  be  appointed  a  Judge, 
who  shall,  after  his  appointment,  reside  in  the  cir- 
cuit for  which  he  may  be  appointed. 

Sec.  5.     The  Circuit  Court  shall  have  orijxiual  ,  ..... 
jurisdiction  in  all  matters,  civil  and  criminal,  with-  coortr'^ 
in  this  State,  not  otherwise  excepted  in  this  Con- 
stitution ;  but  in  civil  cases,  only  where  the  mat- 
ter or  sum  in  controversy  exceeds  fifty  dollars. 


Sec.  G.  a  Circuit  Conrt  shall  be  held  in  each 
county  in  the  State,  at  least  twice  in  every  year, 
and  the  judges  of  the  several  Circuit  Courts  may 
hold  courts  for  each  other,  when  they  ma}^  deem 
it  expedient,  and  shall  do  so  when  directed  l»y 
law. 

Sec.  7.     The    General    Assembly    shall   have 


When     li<»ld 


]|9br 


96 


power  to  establish  a  Court  or  Courts  of  Chancery, 
with  oriifiiial  and  appellate  equity  jurisiljction  ; 
Provided,  that  the  judges  of  the  several  circuit 
courts  shall  have  power  to  issue  writs  of  injunc- 
tion, returnable  into  the  Courts  of  Chancery. 

Sec.  8.  The  General  Assembly  shall  have 
power  to  establish,  in  each  county  witiiin  this 
•State,  a  Court  of  Probate,  for  the  granting  of  let- 
ters testamentary,  and  of  administration,  and  for 
orphans'  business. 

Sec.  9.  A  competent  number  of  Justices  of 
;'*"the  Peace  shall  be  appointed  in  and  for  each  coun- 
ty, in  such  mode  and  for  such  term  of  oflico  as  the 
( reneral  As.scmbly  may  direct.  Their  jurisdiction 
in  civil  cases  shall  be  limited  to  causes  in  which' 
the  amount  in  controversy  shall  not  exceed  fifty 
dollars;  and  in  all  cases  tried  by  a  Justice  of  the 
Peace,  right  of  ai)peal  shall  be  secured,  under  such 
rules  and  regulations  as  may  be  prescribed  by 
law. 

Sec.  10,  Judges  of  the  Supreme  and  Circuit 
j'^uti  '.  Courts,  and  Courts  of  Chancery,  shall,  at  stated 
ttmes,  receive  for  their  services  a  compensation, 
which  shall  be  Ji.\ed  by  law,  and  shall  not  be  di- 
minished during  their  continuance  in  olfice  ;  but 
thoy  siiall  receive  no  fees  or  perquisites  of  office, 
nor  hold  any  other  office  of  j^rotit  or  trust  under 
this  State,  or  any  other  [lowcr. 

Sec.  11.  Chancellors  and  Judges  of  the  Su- 
lireme  Court  shall  be  elected  by  joint  vote  of  both 
hou.scs  of  the  General  Assembly ;  but  at  and  af- 
ter the  session  of  the  General  Assembly,  to  be 
held  in  the  winter  of  the  year  eighteen  hundred 


eiuor 


97 


and  forty-nine-fifty,  the  General  Assembly  shall 
provide  by  law  for  the  election  of  judges  of  the  cir- 
cuit Courts,  by  the  qualified  electors  of  their  cir- 
cuits respectively,  and  for  the  election  of  Judges 
of  the  Courts  of  Probate,  and  other  inferior  courts, 
(not  including  Chancellors,)  by  the  qualified  elec- 
tors of  the  counties,  cities,  or  districts,  for  which 
such  courts  may  be  respectively  established ;  the 
first  Monday  in  November  in  any  year  shall  be  the 
day  for  any  election  of  such  judges  by  the  people, 
or  such  otherday  not  to  be  within  a  less  period  than 
two  mouths  of  the  general  election  for  Governor, 
members  of  the  General  Assembly,  or  members 
of  Congress,  as  the  General  Assembly  may  by  law 
prescribe  ;  but  no  change  to  be  made  in  any  cir- 
cuit, or  district,  or  in  the  mode  or  time  of  elec- 
ting, shall  aftect  the  right  of  any  Judge  to  hold 
ofiice  during  the  term  prescribed  by  the  Consti- 
tution, except  at  the  first  elections  thereof,  to  be 
made  by  the  people,  after  the  ratification  of  these 
amendments  or  either  of  them,  which  elections 
shall  then,  all  be  had  on  the  same  day  throughout 
the  State,  and  the  terms  of  the  Judges  then  to  be 
elected,  shall  commence  on  that -day  ;  vacancies 
in  the  office  of  Judge,  shall  be  filled  by  the  Gov- 
ernor, and  the  persons  appointed  thereto  by  him, 
shall  hold  until  the  next  first  Monday  in  Novem- 
ber, or  other  election  day  of  Judges,  and  until  the 
election  and  qualification  of  their  successors  re- 
spectively ;  and  the  General  Assembly  have  pow- ' 
er  to  annex  to  the  offices  of  any  of  the  Judges  of 
the  inferior  courts  the  duties  of  clerks  of  such 
courts  respectively. 

Sec.  12.     The  Judges  of  the   several  courts  of 

this  State,  shall  hold  their  offices  for  the  term  of 

^^x  years ;  and  for  wilful  neglect  of  duty,  or  other 


■mi' 


98 


rea^^onablo   cause,  which    sliall   not    be   sufficient 
ground  for  imi:)eacl)ment,  tlio  Governor  shall  re- 
move any  of  them  on  the  address  of  two-thirds  oF  .,••! 
each  house  of  the   General  Assembly  ;  Provided^.  ^"^ 
however,  that  the  cause  or  causes  for  which  such 
Trial  of       removal  shall  be  required,  shall  be  stated  at  length 
Judges       j^  g^^j^  address,  and   entered   on  the  journals  of 
each  house;  And 2'>rovided,  further,  That  the  cause 
or  causes  shall  be  notified  to  the  Judge  so  intend- 
ed to  be  removed,  and   he  shall  be  admitted  to  a 
hearing  in  his  own  defense,  before  any  vote  for    .'  ^ 
guch  address  shall  pass ;  and  in  all  such  cases  the     " 
vote  shall  be  taken  by  yeas  and  nays,  and  entered 
on  the  journal  of  each   house,  respectively  ;  Aiid 
])rorkled,  also.  That  the  Judges  now  in  office  may 
hold  their  offices  until  the  session  of  the  General 
Assembly,  which  shall   be   held   in  the  year  one 
thousand  eight  hundred  and  thirty-three,  and  un- 
til their  successors  shall  be   elected  and  qualified, 
unless  removed  by  address  or  impeachment. 


Age  (lisqual- 


Sec.  13.     No  person   Avho  shall  have  arrived  at 
"*«•  the  age  of  seventy  years  shall  be  appointed  to,  or 

continue  in,  the  office  of  Judge  in  this  State. 


Clerks  of         ^i^<^-  14-     Clerks   of  the    Circuit   and  Inferior 
S^i  ^''^  Courts  in  this  State,  shall  be  elected  by  the  qual- 
ified electors  in  each  county,  for  the  term  of  four 
years,  and  may  be   removed   from   office  for  such 

Turin  of  eer-  i    •  i  i  mi 

vice.  causes  and  in  such  manner  as  may   be  prescribed 

by  law ;  and  should  a  vacancy  occur,  subsequent 

yacancies,   to  au  clectiou,   it  shall  be  filled   by  the  Jud^e  or 

Iiuw  filled.  '  ^  t/  o 

Judges  of  the  court  in  which  such  vacancy  exists; 
and  the  person  so  appointed  shall  hold  his  office 
until  the  next  general  election  ;  Provided,  howev- 
er, that  after  the  year  one  thousand  eight  hundred 
and  twenty-six,  the   General  Assembly   may  pre- 


ProviBo. 


scribe  a  different  mode  of  appointment,  but  shall 
not  make  such  appointment. 

Sec.  15.     The  Judges   of  the   Supreme  Court  conserva- 
shall,  by  virtue  of  their  ofiices,  be  conservators  of  peace, 
the  peace   throughout    the   State ;    as   also   the 
Judges  of  the  Circuit  Courts   in   their  respective 
districts,  and  Judges  of  the  inferior  courts  in  their 
respective  counties. 

Sec.  16.     The  style  of  all  process  shall  be  "Theg^y,g^fp5o. 
State  of  Alabama,"  and  all  prosecutions  shall  be"^*- 
carried  on  in  the   name,  and   by  the  authority  of 
the  State  of  Alabama,  and  shall  conclude,  "against 
the  peace  and  dignity  of  the  same." 


Sec.  17.     There  shall  be  an  Attorney  General  Attorney 
for  the  State,  and  as  many  solicitors  as  the  Gen- solicitors, 
eral  Assembly  may  deem  necessary,  to  be  elected 
.by  a  joint  vote  thereof,  who  shall  hold  their  oilices  vife™and^"" 
.€or  the  term  of  four  years,  and   shall   receive  for  tfon.^^"^*" 
their  services  a  compensation,  which  shall  not  be 
diminished  durins:  their  continuance  in  office. 


IMPEACHMENTS. 

Sec.  1.     The   House   of  Representatives  shall  who  to im- 
have  the  sole  power  of  impeaching. 

Sec.  2.     All   impeachments  shall   be  tried  by  how  tried, 
the  Senate;  when  sitting  for  that   purpose,  the^^^^j.^^^ 
Senators  shall  be  on  oath  or  affirmation;  and  no ^*^''- 
person  shall  be  convicted  without  the  concurrence  nowconvic- 

■•■  ted. 

of  two-thirds  of  the  members  present. 
Sec.  3.    The  Governor  and  all  civil  officers  shall 


•:•••• 


100 


>ika>ic   l>e  liable  to  impcaeliment  for  any  misdemeanor  in 
'*"  oHico ;  but  judgment  in  such  cases  shall   not  ex- 


To  wiiBi  ex- 


tend further  than  removal  from  office,  and  to  dis- 
•  [ualification  to  hold  any  office  of  honor,  trust  or 
profit  under  the  State ;  hut  the  party  convicted 
shall,  nevertheless?,  bo  liable  and  suVjectto  indict- 
ment, trial,  and  jtunishment,  according  to  law. 


ARTICLE  VI. 


^^^^^^,  GENERAL    PRO  VISIONS. 

Sec.  1,  The  members  of  the  General  Assem- 
bly, and  all  officers,  executive  and  judicial,  before 
they  enter  on  the  execution  of  their  respective  of- 
fices, shall  take  the  following  oath  or  affirmation, 
to  wit:  "I  do  solemnly  swear  [or  affirm,  as  the 
case  may  be]  that  I  will  support  the  Constitution 
of  the  State  of  Alabama  so  long  as  I  continue  a 
citizen  thereof,  and  that  I  will  faithfully  discharge, 
to  the  best  of  my  abilities,  the  duties  of 
according  to  law,  so  help  me  God  !  " 


Oath  of  of- 
flee. 


^^sst 


Trcas'.ii   de 


JIow  con- 
victed. 


Sec.  2.  Treason  against  tlie  ►Siwie  shall  con- 
sist only  in  levying  war  against  it,  or  in  adhering 
to  its  enemies,  giving  them  aid  and  comfort.  J^o 
person  shall  be  convicted  of  treason,  unless  on 
the  testimony  of  two  witnesses  to  the  same  overt 
act,  or  his  own  confession  in  open  court. 


Duclllog. 


%?w 


Sec.  3.  The  General  Assembly  shall  have 
power  to  pass  such  penal  laws  to  suppress  the  evil 
practice  of  duelling,  extending  to  disqualification 
from  office,  or  the  tenure  thereof,  as  they  may 
deem  expedient. 


Sec.  4.    Every  person  shall  be  disqualified  from 


101 


holding  auy  office  or  place  of  honor  or  profit, 
under  the  authority  of  the  State,  who  shall  be 
convicted  of  having  aiven  or  offered  any  bribe  to 
procure  his  election  or  appointment. 

Sec.  5.  Laws  shall  be  made  to  exclude  from  „,  „^ 
omce,  from  suffrage,  and  from  serving  as  jurors,  iDgiaws. 
those  who  shall  hereafter  be  convicted  of  bribery, 
perjury,  forgery,  or  other  high  crimes,  or  misde- 
meanors. The  privilege  of  free  suffrage  shall  bef.l^^^'^ 
supported  by  laws  regulating  elections,  and  pro- 
hibiting,' under  adequate  penalties,  all  undue  in- 
fluence thereon  from  power,  bribery,  tumult,  or 
improper  conduct. 

Sec.  6.     In  all  elections  by  the  General  Assem- Elections  by 

111  1  r>ii  •  -I  General  A«- 

bj}",  the  members  thereof  shall  vote  viva  voce,  andscmbiy. 
the  votes  shall  be  entered  on  the  journals. 

Sec.  7.     Ko  money  shall  be  drawn  from  the  Pnbiic  mon- 
treasury,  but  in  consequence  of  an  appropriation 
made  by  law ;   and  a  rescular  statement  and  ac-  treasurer  to 

PI  .  ,  T  nil  ^"^^  report. 

count  of  the  receipts  and  expenditures  of  all 
public  moneys  shall  be  published  annually. 

Sec.  8.     All   lands   liable  to  taxation  in  this  Lands 

la?ced. 

State,  shall  be  taxed  in  proportion  to  their  value. 
Sec.  9.     The  General  Assembly  shall  direct,  by  state  may  bo 

1  •  1  1     •  1  •       sued. 

law,  in  AVhat  manner,  ann  in  what  courts,  suits 
may  be  brought  against  the  State. 

Sec.  10.     It  shall  be  the  duty  of  the  General  i- 
Assembly  to  regulate,  by  law,  the  cases  in  which  f-i .  . 
deductions  shall  be  made  from  the  salaries  of  pub- 
lic officers,  for  neglect  of  duty  in  their  official 
capacities,  and  the  amount  of  such  deduction. 


102 

r>Ki ,  ii.  Temporary  absence  iroiii  ims  ciate, 
shall  not  cause  a  forfeiture  of  a  rcaidouce  once 
obtained. 

V      J  .^cavioce-      ^^^'  ^^'    ■^'^  member  or  delegate  to  any  Con- 
"'"  grese  of  other  States  or  powers,  nor  persons  hold- 

ing any  ofHcc  of  profit  or  trust  under  any  foreign 
power,  shall  hold  or  exercise  any  office  of  profit 
nn«ler  this  State  :  Provided,  that  this  section  does 
not  apply  to  any  deputy,  delegate  or  commis- 
sioner elected  by  this  convention. 

ohrnrc!  Sec  13.     Divorces  from  the  bonds  of  Matri- 

mony shall  not  be  granted,  but  in  cases  provided 
for  bylaw  by  suit  in  chancery.  But  decrees  for 
divorce  shall  be  final,  unless  appealed  from  within 
three  months  from  the  date  of  the  enrollment 
thereof. 

tjbei*.  how     ^^^*  •^■^'     ^^  prosecutions  for  the  puldishing  of 
"'■■'  pa[»ers  investigating  the  official  conduct  of  orticers, 

or  men  in  public  capacity,  or  when  the  matter 
published  is  proper  for  public  information,  the 
truth  thereof  may  be  given  in  evidence;  and  in 
all  indictments  for  libels,  the  jury  shall  liave  the 
right  to  determine  the  law  and  the  facts  under  the 
direction  of  the  courts. 

Eicotion  ro.     Seo  If).     Rctums  of  all  elections   for  ofticepd--»», 
who  are  to  be  commissioned  by  the  Governor, 
and  for  members  of  the  General  Assembly,  sliall 
be  made  to  the  Secretary  of  State. 

Sec,  10.  The  (lenenii  Assembly  may,  b}^  a 
vote  of  two-thirds  of  both  branches  thereof,  ar- 
range and  designate  boundaries  for  the  several 
counties  of  this  State,  whicli  shall  not  bo  aUered,  ^ 


108 

except  by  a  lik^otfe  of  the  General  Assembly. 
But  no  new  county  shall  be  hereafter  formed  of 
less  extent  than  nine  hundred  square  miles,  nor 
shall  it  contain,  at  the  time,  less  than  one  hun- 
dredth part  of  the  population  of  the  State,  and  no 
existing  county  shall  be  hereafter  reduced  below 
such  area  or  population  by  the  formation  of  a  new 
county. 

Sec.  17.     It  shall  be  the  duty  of  the  General  ArbUrauon* 

Assembly  to  pass  such  laws  as  may  be  necessary 

and  proper  to  decide  differences  by  arbitrators,  to 

be  appointed  by  the  parties,  who  may  choose  that 

Bummar}^  mode  of  adjustment.  ,*Wf^ 

'••f'- 

Sec.  18.     It  shall  be  the  duty  of  the  general  penaj  code. 
Assembly,   as   soon   as   circumstances   will  per- 
mit, to  form  a  penal  code,  founded  on  principles 
of  reformation. 

Sec.  19.  Within  five  years  after  the  adoption 
of  this  Constitution,  the  body  of  our  laws,  civil  ^^"*  '"'* 
and  criminal,  shall  be  revised,  digested  and  ar- 
ranged, under  proper  heads,  and  promulgated, 
in  such  manner  as  the  General  Assembly  may 
direct :  and  a  like  revision,  digest,  and  promulga- 
tion, shjiU  be  made  within  every  subsequent 
period  of  ten  years, 

biic.  i:u.     The  General   Assembly  shall  make 

^•.  ^       1  n         1  .    •     •  1  11        Interna)  )m- 

provisions  by  law  lor  obtaining  correct  knowledge  proretDoni. 
of  tlie  several  objects  proper  for  improvement  in 
relation  to  the  navigable  waters,  and  to  tbe  roads 
in   this   State,  and  for  making  a   systoT""*'^   '■'■' 
economical  application  of  the  means  ajj 
to  those  objects. 


104 

Skc.  21.     In  the  event  of  the   amu  of 


any  fore  gn  territory  to  this  State,  laws,  may  be-*^  . 
jinssed,  extending  to  the  inhabitants  of  puch  ter*".  ' 
ritory,  all  the  riglitg  and  privileges  which  may  be.^l^ 
required  by  the  terms  of  such  acquisition  :  ahy**^  *, 
thing  in  this  constitution  to  the  contrary  noVf 
withstanding.  '''*  ■' 


EDUCATION. 

Schools,  and  the  means  of  education,  shall  for- 
ever be  encouraged  in  this  State ;  and  the  General 
y^.^  .^  Assembly  shall  take  measures  to  preserve,  from 
unnecessary  waste  or  damage,  such  lands  as  have 
been  granted  by  the  United  States  for  tlie  use  of 
schools,  within  each  township  in  this  State,  and 
apply  the  funds,  which  may  be  raised  from  such 
lands,  in  strict  conformity  to  the  object  of  such 
grant.  The  (Jencral  Assembly  shall  take  like 
measures  for  the  improvement  of  such  lands  as  >  '* 
have  been  granted  by  the  United  States  to  this  ' 
State,  tor  the  support  of  a  seminary  of  learning,  ^*'-*- 

'»'.  and  the  moneys  which  may  bo  raised  from  such 

lands,  by  rent,  lease,  or  sale,  or  from  any  other 
quarter,  for  the  purpose  aforesaid,  shall  be  and 
remain  a  fund  for  the  exclusive  support  of  a  State 
University,  for  the  promotion  of  the  arts,  litera- 
ture and  the  sciences ;  and  it  shall  be  the  dut}'  of 
the  (Jeneral  Assembly,  as  early  as  may  be,  to  pro- 
vide effectual  means  for  the   improvement   and 

'.•  permanent  security  of  the  funds  and  endowments 


.•*< 


of  such  in^^titution. 

BANKING. 
SiiCTioN  1.     No  bank  shall  be  established,  nor 


105 


bank  charter  renewed  under  the  authority  of 'this' *     ' 
State,  without  the  concurrence  of  two-third?  of 
each  house  of  the  General  Asseni])ly. 

•D-]^c.'2. .  Not  more  than  one  bank  sliall  be 
established,  nor  bank  charter  renewed  at  any  one 
sesaiou  of  the  General  Asseuibly,  nor  shall  any 
bank  T>e  established,  or  bauk  charter  renewed, 
but  ill  conformity  with  the  following  rules. 

1.     The  stockholders  shall  be  liable  respectively  uu,^ 
for  the  debts  of  the  bank  in  proportion  to  their 
stock  holden  therein. 


2.     The  remedy  for  collecting  debts  ehall  be 
reciprocal  for  and  against  the  bank. 


Rnlc 


3.  No  bank  shall  commence  operations  until.Ruie.  •  ^ 
half  of  the  capital  stock  subscribed  for  be  actually 

paid  in  gold  or  silver,  which  amount  shall,  in  no 
case,  be  less  than  one  hundred  thousand  dollars. 

4.  Should  any  bank  neglect  or  refuse  to  pay-.,^ 
on  demand  any  bill,  note  or  obligation,  issued  by 
the  corporation,  according  to  the  promise  therein 
expressed,  the  holder  of  any  such  note,  bill,  or 
obligation  shall  be  entitled  to  receive  and  recover 
interest  thereon  until  the  some  shall  be  paid,  or 
!3pecie  payments  arc  resumed  by  said  bank,  at  the 
rate  of  twelve  per  cent,  per  annum  from  the  dato 

of  subh  demand,  unless,  the  General  Asaerably 
shnll  sanction  such  suspension  of  ppccie  payments 
by  a  vote  of  two-thivi--  r^r  nn..h  i,,.n.-,^  ,^fi^,..  rj..,)- 
eral  Assembly. 

'".     Whenever  any  bank  suspends  spfcie  pay-  ^  ;^ 
mcnl-,  tlie  charter  is  thereby  forfeited,  unlcfS  pnr-U 
9    - 


106 


isiHppusion  is  legalized,  a^  is  provided  by  th6  jirc* 
(.•ediiiu:  rule  at  tbc  then  next  ensuing  sessiou  of 
I  he  (Iciicral  Assembly  after  such  tjuspon.^ion. 

SLAVKRV. 

M.<  Tj<'.\  J.  iSo  shive  iu  lUis  dilate  thail  hv 
oinancipated  hy  any  act  done  to  take  crtecl in  tbi^' 
Htate,  or  any  other  country. 

.SiX'.  2.  The  humane  trcatiueiit  of  &laA*os  sb^\ll 
bo  secured  by  law. 

Sec.  3.     Laws  may  be  enacted  to  prohjijit  the 
introchiclion  into  this  State,   of  slaves  who  have 
coimniftcd  lii2;h  crimes  in   other  States  or  terri- 
legulate or  prevent  the  introductioii , 
ul  iluvci  luLcj  this  State  as  Tiierchandise. 

Skc.  4.  In  the  prosecution  of  slaves  for  crimes, 
of  a  higher  grade  than  petit  larceny,  the  Generai 
Asseinhly  shall  have  no  power  to  deprive  them  of 
an  impartial  trial  by  a  petit  jury. 

Any  person  who  .shall  maliciously  dis- 
member or  deprive  a  slave  of  life,  shall  snffur 
>iuch  jtunishmcnt  a.s  would  be  inflicted  iu  case  the 
like  otleuse  had  been  conunitted  on  a  free  white 
jiersou,  aud  on  the  like  proof,  except  iu  case  o{ 
insurre'tioii  of  such  '^lave. 

EXi'LANATOKY  PROVISIONS. 
i»Aii'T  r. 

KL'LATINO   TO   THE   CHANOK   FUuM    THE    TKRHITOtlUL 
TO   THE   STATE    FOHM    OF    GOVERNMENT. 

Sec.  1.     That  no  inconvenience  may  arise  from 
J^  change  of  territorial  to  a  permanent  State  gov- 


107 

jrnmout,  it  is  declared  that  all  rights,  actions,  r;eia,i.,. 
prosecutions,  claims,  and  contracts,  as  well  of  in-t!o*^'#l'. 

.  ,jdividuals,  as  of  bodies  corporate,  shall  continue  aa'  ■  •'  '     • 
if  no  such  change   had  taken  place  ;  and  all  pro- 
cess, which  shall,  before  the  third  Monday  in  Sep- 
Jiembcr  next,  bo   issued   in  the  name  of  the  Ala- 

..Jljania  territory,  shall  be  as  valid  as  if  issued  in  the 
name  of  the  State. 

4,    Sec.  2.     All  fines,  penalties,  forfeitures,  and  os-,i„p,j.g. 
'cheats,  accruing   to   the  Alabama  territory,  shall  "*^''''''' 
accrue  to  the  use  of  the  State.  '• 

Sec.  8.     The  validity  of  all  bonds  and  recogni-y.j,i^.,j.  , 
zances,  executed  to  the  Governor  office  Alabama '^^'.'t'l^j''',' 
territory,  shall  not  b&  impaired  b}'  the  change  of*''' 
^■government,  but  may  be  sued   for  and  recovered 
.•*in  the  name  of  the  Governor  of  the  State  of  Ala- 
bama, and  his  succiBSSors  in  office  ;  and  iill  crimi- 
.  .iial  and  penal  actions,  arising  or   now  depending 
Cwithiu  the  limits   of  this  State,  shall  be  prosccu- 
/iped  to  judgment   and  execution   in  the   name  of 
'said  State,  all  causes  of  action  arising  to  individ- 
uills,  and  all   suits   at   law  or  in  equity,  now  de- 
pending in  the  several  courts,  within  the  limits  of 
•^his  State,  and  not  already  barred  by  law,  may  be 
'"fommenced  in,  or  transferred  to,  such   courts  as 
may  have  jurisdiction  thereof. 

Skc.  4.  All  officers,  civil  or  military,  noWT(.„it<,v:^ 
holding  commissiong  under  the  authority  of  tht 
United  States,  or  of  the  Alabama  territory,  with- 
in this  State,  shall  continue  to  hold  and  cxcreiae 
Iheir  respective  otfices  under  the  authority  of  this 
State,  until  they  shall  be  superseded  under  the 
autliority  of  this  Constitution,  and  shall  rtcc'ive 
froin  the  treasury  of  this  State,  the  saiueconipen- 
eation  which  they  beretofbre  received,  in  pro]»u!- 


^  bpl^o  omjtioypfl.    The 

. ...  r  to   fill  vacancies  bv 

i^^jous,  to  c;  soon  «?*  i»lorti<>nft-or  «p- 

]^i»iiilnicnt«!  can  W   in  :v\- 

tli:-»riry  of  th:-  ''   '-'•;!  ;-■',. 

:ui(l  {)arfs  of  laws,  how  \u 
torco  ill  the  A!yb;.iiia  torrltoiy,  A^'l>i<>b  lire  not  rft- 
l'nir!i;iiit  to  tbe  jirovidions  of  tbia  Gonalitutiou, 
I  inae  nnd  remain  ul  'ibfce^ayB  tlje  laws' df 
tbis  State,  ujitU  they  ^xpirb  bv  tbeir  owii  liinltt}-' 
tion;  or  sliall  be  allcrcfl,  o^  '-..u..  i]..,!  ^^^^  flj^-^  T,og-. 
itjlaturatbereof. 

TO  ins  .'?sc^.sioN'Of  Tiis  iJtJi'iB  or  Ai^- • 

nir   INITED  wAtef. 
C  I  [AFTER  1. 

(f  ahd  or  darned  b^tfiQ  petiph 
fj   !,'"    ^v  ■  ■""/I'd  in   Cnmci>(ion  n.'^^cmblM^  • 

•Tliivt.  tbe  S  Vbibaiua  now, vvitlulraws,  and  19 

hereby "iMthdr^vi'ti  from  tbeXTuioii^  kno\<'n  n^  ,*?tUe 
United  States  of  America,"  and  benct^fortb  coases 
to  bo  one  of  said  United  States,   and  is,   and  of  • 
t\t^ti    onght  to  he-W^'-Sibuermin.xfi.Yy^MndxiHiHUnt 

Skc.    -.      I'f    ■'V'rli-crilcrhu-cdcndbrdllbudbyihx' 

}Vi)['l>  of  (Jii  s/<tit  vf  Ah'bcaiui  in'  Convndion  asseini- 
i'lo^^y  Tbat  r11  tbe  powcrn  qvcrtlicterritory  of  fiJiid 
Htat«5  qM  ovej.tbc' peQi)lo  tH^rboi;  berctofcne <ieU 
n!:;ntC'd*to  tbc  government  of  the  United  States  d¥ 
.Ameriea,  be',  and  t  bey  are  ben -by  withdrawn  from 
Raid  <afovernment,  arid  are  hi>rel»v  resumed  and 
Vested,  ip  tbe  -peo^ilK  of  tbi  '■'  Alabama, 


I 


109 

Sec.  8.     Be  it  ordained  bu  the  people  of  Alabama  i'^-i^>f'caihm 
in  Convention  Asscmbccd.    That   tlic   GonstitntiOD''''^"''""*'" 
framed  and  adopted  on  .tho  lltk.day   of  March,^'-''  • 
1861,byftll^  Deputies   from  tha.'Statos  of  South 
Oai'oHun,  Georgia,  Florida,  Alabama,  Mississippi, 
!(ijonisia.na,  and  Texas,  in  convention  assembled,  at 
.  Montgomer}',  Alabama,  be,  and  the  same  ishe^'c- 
by  APPROVED,  RATIFIED  aud  ADQPiED,;as  the  Fqdevdl '  jf/j,*  * 
Constitution  for  the  people  of  AUibama. 

GHAPTIllR  IT. 

Sjcc.  1 .     No  law  enacted  by  the  antlinrity  of  the  yo  uiw  t>f^ 
,  State  of  Alabama,  in  force  on  the  lUhday  of  Jan-<iii.»nco'«i'' 
naj'y,  A..D..J  l^j31,aud  joOiKSisteut  with  ,tbe  Con-  ..^.    ' 
stitatibn  of  this  State,  and  not   inconsistent  with 
the  ordinances  of  this  Convention,   is  aii'Octed  by 
the  ordinance  known  as  the    Ordinance  of '  Sed(:rs-'    ■    / 
aion,  adojited  on    said  <]ay,  and  entitled  "An  Or- 
dinance to  dissolve  the  Union  between   th^  State 
of  Alabama  and   other   States,  united   nnder,  the 
compact  styled    the  Oojistitotion    of  the  United 
Spates." 

Siic.  2.     No  office,  civil  or  military,  created  l)y  ^„,,,, 
this  State,  or  under  t\\&  authority  of  its  laws,  Sn  ^.'Ji,;  , 
force  on  the  eleveutli  day  of  January,  A.  D.,  IHOly"""" 
and  no  ofttcer   lawfully   excrdising  tho  powers  or 
duties  of  such  office,  is  aftected  by -said  Ordinance 

•  pfSepession,  ex<;ep^  the  offi<ies.  af  the  membora'.ot  • 

•  .  tire  noust  of  Representatives,  and  of  the' Senators -ExcLi'ifrni. 

,  •  of  th€  Couijress  of  tho  Limited  States  of  America, 

•  •  •*•      .         . 

•    'And  the-ie  are  abrogated. 

Stlo.  3.     No   offense  a£Cain:^t   the    laws  ofthi? 

•  State,  committed  before   or  since  tho  adoption  of', 

said  Ordinance  of  SGccsaion,  is  affected  by  paid  i,.i  i^  -  i 
ordinance,  and  no  offender  against  said  law.-;,  i# ''•'^""*"' 
relieved  or  discharged   from  the  cousequcuce.s     i 


110 


«»uci»  otknso  by  .^aid   orilinaiico;  ami  no  amcree- 
incMit,  iiiic,  penalt),  forfcituie,  escheat,  bond,  or  * 
rci  >irtiizancc,  accruing  or  eiuiriuaf,  iu  whole  or  in 
ynrt*  t«^  the  State  of  Ahibnma,  whether  in  nttron 
'■'•  ""■  "KlgmcDt,  is  ullccted  by  saij  ordinance. 

4.     No  bond   issued  by   authority  of  the 

f  tiiid  State,  or  biHs  or  coin  laWfnlly  used  afi. 

r'  i»or<>c    mv»ii<iy.  iii   thn  Stat«,  and    no    bond,  ohlis^ation, 

jdobt  or  duty,  duo  or  owing  to  this  State,  or  cnur- 

'  inV.  in  whole  or  ia  part,   to   this  State,  before  or 

he  adoiHion.  of  said  ordinance,  I5  aii^ctad 

ill.'-  :'v.  ;    \- 

>  .' .  .').     No  [tiocciis  ur['i\)coot]iii!^  i)i' any  Colirt 
~  State,  is '11110 cted  by  said  Ordinance  of  Se- 

\  :mc.  6.    Ho.  rjf^ht,  title,  fianohise,  oanenieMt,  li- 

i.\r,-:oii    (luse  or  pnvilege  ;E:i\'cn,. granted  or   conferred  to, 
•    ,  or'npuu  ai»y  per^ion  or  body  corporate,  under  and 

Ijy  nuthority  of'tho  laic's  of  this  State,  and  no  nght 
ol  iKt^^cssion  or  property,  action  or  prosecution, 
^\t]>\  rluiiQ,  contract,  agrceuiont,  obligation,  debt ' 
y,  ol"  any.  persoii  Of  body  coi'portite,  is  afliakit)- 
Lii  by.  ^^aid  Ordinance  of  Socessiou,  unless  the  same 
iiiiMconbistent  with-saidonUnance, arisatl:eif''>'  bv 
Sonic  other  gnliuance  of  this  Convention^. 

yp-  f^Ec.  7.  No  riffhts  acquired,  or  vet?ted  in  any 
body  corjioratc  under  the  Oonatitntioiioi  the  Uni- 
ted ytatCi*.  or  under  an}'  act  of  Congress  parsed  in 
]iur.iuance  tliereof,  or  under  any  law  of  this  Statej 
and  not  inconiputible  with  sail}  Ordinance  oi*§^ 
ccfl^iftu,  is-alfected  by  said  ordinance. 

'    ..  "'.•  *; 'oifAPTER  HI. 

lilXATIN-fl    TO   TliE    OJJANttJiS     TN     '11115     COXSTITVTION 
OF   ALiliAM/V. 

^tjEc.  1.     Jiiit"!'  '  :i  tht 'peopUqf  U\e  S^f^jof 


Ill 


Alabama  in  ConvmUoti  asscmhlcdj  That  no  change 
made  iu  the  Coustitution  of  the  8tate  of  Ahal)ania, 
by  thia  Oonvention,  shall  have  the  effect  to  div'cat 
any  riglit,  title,  or  legal  trust  existing  at  tho  time 
of  making  such  change.  But  all  such  changes 
shull-hav<i  a  prospGctive  and  not  a  rctrospectivG 
effect,  ufvless  ^  otherwise  declared  in  the  change 
itf^elf.    •  '         ' 

Sec.  2.  Be  U  ordained  by  the  i^eople .6f  Alahnma 
in  ConVcniioli  assembled,  That,  an  ordinance  adopt- 
ed by  the  people  of  this  State,  in  Convention,  at 
Hnntsville,  ou  the  second  day  of  August,  oue 
thousand  eight  hundred  and  nineteen,  disclaiming 
forever  all  right  to  the  waste  or  unappropriated 
lands  lying. within  this  State,  is  hereby  repealed  ; 
but  the  navigable  waters  of  this  State  shall  remain 
forever  free  to  the  citizens  of  this  State,  and  of 
such  States  as  m,ay  unite  with  the  State  of  Ala- 
bama, in  a  Southern  slaVeholcling  Confederacy. 
But  no  right  heretofore  obtained,  by  an}'  person 
or  corporation,  to  erect  a  bridge,  or  bridges,  across 
the  na^-igable  waters  of  this  State,  .shall  be  affect- 
ed hy  this  ordinance  ;  Provided,  That  the  uaviga-- 
tiou  of  such  rivers  be  not  obstructed  thcrt'liy. 


amending  or  revising  the  Const  10' ( 


mn. 


^\\Q  General  Assembly  whenever  two-thirds  of 
each  House  shall  deem  it  ihccessary,  may  propoao 
amendments  to  this  (\>!istitntion,  which  proposed 
anion  dm  cuts,  shall  be  duly  published  in  print,  at 
least  three  months  before  the  next  g^-neral  Sec- 
tion of  Representatives,  for  tlie  considemtion  of 


IV2 


the  i/cpj»l^,  audit  shall  b«  tb©  duty  of  the  sevtjraL 
ir  olSctirs,   at  the  next  geiioral  doction 
w;;.   '.    iiiill  bo  li(!l<l  lor   Hu^trosc  ;      :'       .  (o  opou 
u  [>u!l  lur,  mul  make  a  return  to  '  n'turv  of 

fetate,.for  the.tliue  bgiti^,  of  the  uames  of  all  those 
voting   for  Koprcpcntativcs  who   havu   N*>J:ed  on 
auolj  propoccd  anieudijients,  and  it^  thereupon, .it 
^Lail  at>iiufU'  that  a  ninjoritj  of  aH  the  trti/?*jn3  of 
(his  8tfttc,  votiug  for  Kcprcsoutativos,  tum^  rote^   . 
in  favor  of  sruch   proposed  amendments,  and  tyro-  • 
thirds  oicach  Jloubc  ot  the  next  General  A>«cra- 
blv,  shall,  after  such  an  election,  and  hefbro.  an- 
other, ratify  the   same   amoidments   by  ijtus  and 
iu'jj,<.  they  shall  bo  valid,  to  all   intents  and  pur- 
poses, Hi  parts  of  this    Constitution ;    J^rovUk4^  . 
That  the  said  propoiied  amendments  thall,  at  each 
of  the  said  sessionrf,  liave    been   read  thii^'  liino-, 
on  three  several  day«,  iu  each  House; 
farlUr,  That  a  Convention   of  the  people  of  ihQ 
iStato  may  be  called  by  a  vote  of  two-thinl^  of 
each  hrancli  of  tlio  General  Assembly,  under  such 
rulttj  and  rej^ulations  as  the  Legislature  m^ay  prc- 
acribe,  to  amend  the  Constitution  or  for  any  other 
]<ur]i.>^"e. 

/\ui>[iU'u  iiy     LiM-    jicdplc    of    AlabaiiKi,    l»y    lliO 
nnanimoua  vote  of  their  dclei;*ates  in   CA>nvon+Ton'' . 
{Miyembled^  ab-- the  Capitol,  in  the  city  of  Mont-,! 
gon)try,  on   this   the  twentieth   day  of  March,  in 
the  year  of  «ur  iionl,  one  tho"<isand  (ielit  Iiiiiidrcd 
and  sixty-one,  and  ol'  iln.-    Con'fedr:  of 

Amfei^fitt  i\Mi  iji^tyeur. 

WILLIAM  M.  BUOoKSi 

Tresident  of  the  Convention  of  the  peojileof 
tlio  fcjtate  of  Alabama. 

Attest— A.  (J.  JloH.N. 

yccrci Convention. 


••J' 


CONSTITUTION 


,^  Vwi;    liii-: 

%  * 


PKOVISIONAL  GOVERNMENT 


'•'•''     CONFEDERATE  STATES,  OF  AMEltlCA. 


.iWq,  tlie  t)eputies  of  the  Sovereign  aud  IiidL'pendent 
8tates  of  South  Carolina,  Georgia,  Florida,  Alahama, 
Mi.ssiseijjpiaud  Louisiana,  invoking  the  favor  of  Almighty 
God,  do  hereby,  in  behalf  of  these  States,  ordain  and  es- 
tablish thie  Constitution  for  the  Provisional  Governmfeut 
of  the  same:  to  continue  one  year  from  tlu)  inagnmtion 
of  the  rrcsideut,  or  until  a  permanent  Coiistitutiou  or 
Coj^federation  between  the  said  Srtates  fehall  ht  puth>  op- 
eration, whichsoever  shall  first  occur. 

AliTICLE  I. 


A  '  i\vcrs  luTciii  <K'i' ,:..ii''ii 

in  '       ^  now    assembled,  until 

daiued. 


i 


114 


SEPTION    II. 

\yTien  vJkJah^i^s  happen  iu  the  representAtiou  f/opi  an 
Skate,  the  fearae  shall  bofilleilin  tjuch  manner  aa  the  pvO] 
cr  si^uthbriHes  of  tht5"^tatc  ghall  direct. 


ION    III. 


1.'  The  Of)ugreas  shall  be  tlie  jucU^  of  the  election's,  ye- 
tnrns  ami  tjualifications  of  its  monibers:  any  nnmbcr  of 
Deputies  ti'oui  a  majority  of  the  States  being  present,  biiaU 
constitute  a  quorum  to  do  business;  but  a  emall.-r  nnrtit* 
ber  may  adjourn  from  day  to  day,  and  may  be  authoriKO<l'' 
to  oonipel  the  attondanco  of  absent  members ;  upou  all 
questions  before  the  Congress,  each  State  shallbc  entitled 
t^  one  ,vT>to,  and  shall  he  represented  by  any  one  or  more 
ofits  Dtjpnties  who  may  be  present. 

fi.  The  Congress  may  determine  the  rules  of  its'pto- 
eeijdivgs,  punish  its  members  for  disorderly  behavloij  and, 
with  the  concul-rencc  of  two-thirds,  expel  a  member. 

8.  The  Congress  shall  keep  a  journal  of  its  procoiiUin^, 
and  from  time  to  time  publish  the  same,  excepting  ench 
pai't;^  as  may  in  their  judgment  require  secrecy  :  and  the 
yeas  and  nays  of  the  members  on  any  question,  shall  at  the 
deairfc  of  one-tifbh  of  those  present,  ot  at  the  instauec  of  ,. 
anv  ate,  be  entered  on  the  journal.  ^» 

SECIION    IV. 

The  mefiiherg  .of  Congress  shall  rccdve  a  corapeiUation 
fdrtfieir  services,  to  be  ascertained  by  law,  and  paid"  out  , 
of  the  treiistiry  of  the  Confederacy.  They  shall  in  all 
(^es,  except  treason,  felony  and  breach  of  the  peace,  bo 
privilyged  from  ari'ost  during  their  attendance  at  the  ses-  . 
fiion  of  the  Congress,  and  in  going  to  and  returning  from 
the  same;  and  for  any  speech  or  debate,  they  shall  not  bo 
qucBtioued  in  any  other  place. 


115 


SECTION    V. 

1.  Every  bill  which  shall  have  passed  the  Congress, 
ehall,  before  it  become  a  law,  be  presented  to  the  Presi- 
dent of  the  Confederacy ;  if  he  approve,  he  shall  sign  it ; 
but  if  not,  he  shall  return  it  with  his  objections,  to  the 
Congress,  who  shall  enter  the  objections  at  large  on  their 
journal,  and  proceed  to  reconsider  it.  If,  after  such  re- 
cansideration,  two-thirds  of  the  Congress  shall  agree 'to 
pass  tlu^,  bill,  it  shall  become  a  law.  But  in  all  such  cases, 
the  vote  shall  be  determined  by  yeas  iand  nays ;  and  the 
names  of  the  persons  voting  for  and  against  the  bill  shall 
be  entered  on  the  journal.  If  any  bill  shall  hot  be  return- 
ed by  tlid  President  within  ten  days  (Sundays  excepted,) 
after  it  shall  have  been  presented  to  him,  the  same  shall 
be  a  law,  in  like  manner  as  if  he  had  signed  it,  unless  the 
Congress,' by  their  adjourn nfent,  prevent  its  I'eturnv  in 
which  case  it  shall  not  be  a  law.  The  President  may  veto 
any  appropriation  or  appropriations  and  approve  anj' oth- 
er appropriation  or  appropriations  in  the  same  bill. 

2.  Every  order,  resolution  or  vote,  intended  tO'  have  the 
force  and  effect  of  a  law,  shall  be  presented  to  the  Presi- 
dent, and  before  the  same  shall  take  effect,  shall  be  ap- 
proved by  hira,  or  being  disapproved  by.him,  shall  bo  re- 
passed by  two-thirds  of  the  Congress,  according  to  the 
rules  and  limitations  prescribed  in  the  case  of  a  bill. 

3.  Until  the  inauguration  of  the  President,  all  bills,  or- 
ders, resolutions  and  votes  adopted  by  the  Congress  shall 
be  of  lull  force  without  approval  by  him. 

SKCTION   \i. 

1.  The  Congress  shall  have  power  to  lay  an»i  collect 
taxc.-i,  duties,  imposts  and  ox(;ises,  for  the  revenue  necoa- 
sary  to  pay  the  debts  and  carry  on  the  Government  of  the 
Confederacy;  and  all  duties,  imposts  and  <  -ball  be 

uniform  throughout  the  States  of  tbo  ConlL  Aud 

this  Cnngn^'is  shall  also  exercise  executive  po\i  ■      'nitil 
tl      '■  'is  inaufrurated  :  -.*7»  «^'V»* 


1K> 


.2.  Trt  h>^rrow  uioin.'y  <<..  «lit  of  the  Conl>(4erttc^^' 

•  3.  To  rc'i^ulate  comnu  ii   foreign     nations,  nrd 

Bttiong  the  several  States,  finii  with  the  Indian  tribea  ;  '.  -^ 

4.  To  ostahlish  a  uniforiii  rnl  ••  ■  ,  ^ 
uniforui  hi\v8  on  tlic  Mihicct  of  \< 

the  ConftuJeraey  : 

5.  To  coin  money,  rcguUtc  thja  value  tl»ero()f  uml  of 
forcigji  coin,  and  fix  tl'"  ^imi-Im-,]  'of  wr^/ht-^  andjivCA^- 
uros  :  *.•   'v    • 

6.  To  provide  for  the  punishmcut  of  counterfeiting  the 
securities  and  current  coin  of  the  Coufcderacy  : 

7.  To  establish  post-ofticcs  and  post-roads  : 

^.  To  promote  the  progress  of  scienqe  and'tiserfbl-jirta, 
li  i'lgj  for  limited  tinios,  to  authors  and  inventors, 

11  :-ive  ri^ht  to  their  ro^iiective  writinsr^^  and  dis- 

eo>«erios : 

f^.  To  coustitute  tribunals  inferior  to  the  Sujireme 
Court:  ^. 

10.  To  defijie  and  punish  piracies  and  feloiiies^oammit- 
tc'l  on  the' high' seas,  au.d  otKinces  against  the  la^v  o\^  na- 
,  tions: 
•  .'11.  To  declare  war,  grant  iBtt-ers  of  marque  and  repri- 
^]\  and  make  rules  concerning  captures  on  Ian  A  and 
water : 

12.  Tn  raise  and  support  armies ;  butnoai-,  ^  .lioa 
ofni'  that  use  shall  be  for  a  longir  term  than  tU'O  ' 

years  : 

.13^  To  provide  and  maintain  a  mivy  : 

14.  ^o  "make  rules  Tor  tho  government  aud  regulation 
of  the  laud  and  naval  forces  : 

l.*).  To  provide  for  calling  lorth  tho  mililia  tocxocutc 
tho  laws,  of  the  Confederacy,  suppress  insurrections,  and 
n']iel  invasions : 

10.  To  provide  for  ui'gaiu/.iiiL;,  armini,^  and  (lisc.'i[iiiniug 
the  militia,  and  for  governing  such  jiart  of  them  as  maj'- 
bo  employed  in  the  servito  of  the  Confederacy,  reserving 
io  the  .Slates  respectively  iIh-  nj.jioinl  mcnt  of  the  <   "■     i  ~. 


117 

"nd  the  authority  of  training  the  militia  accoiiling  to  the 
isciplinc  prescribed  by  Congress  :  and 
17.  To  make  all  laws  which  shall  be  necessary  and  prop- 
er for  carrying  into  execution  the  foregoing  powers  and 
nil  other  powers  expressly  delegated  by  tliis  Con-til-ntion 
to  this  Provisional  Government. 

-r   ■      /  t^ECTlON    VII. 

1.  -The importation  of  Africau  negroes  from  anj'  foreig?i 
co^uti^  other  than  the  slaveholding  States  of  the  United 
!Sta4;o«,'is  hereby  forbidden  ;  and  Congress  is  required  to 
pass  such  laws  as  shall  eiFectually  prevent  the  same. 

2.  The  Congress  shall  also  have  power  to  prohibit  the 
introduction  of  slaves  from  any  State  not  a  member  of 
this  Confederacy. 

3.  The  privilege  of  the  writ  of  habeas  corpus  shall  not 
be  suspended  unless,  when  in  cases  of  rch.oHion  or  invanion, 
the  public  safety  may  requirb  it. 

4.  No  bill  of  attainder,  or  ex  post  facto  law  shall  bo 
passed. 

•>»^.  <  No  preference  shall  be  given  by  ahy  I'eguhation  of 
commerce  or  revenue,  to  the  ports  of  one  State  over  those 
of  another;  nor  shall  vessels  bound  to  or  from  one  State 
be  obliged  to  enter,  clear,  or  pay  duties  in  another. 

6.  No  money  shall  be  drawn  from  the  treasury  but 
in  consequence  of  appropriations  made  by  law;  and  a 
regular  statement  and  account  of  the  receipts  and  expendi- 
tures of  all  public  money  shall  be  published  from  timr^ 

•  time. 

7.  Congress  shall  appropriate  no  money  •''"•"'■  ihe 
treasury  unless  it  be  asked  for  by  the  Presidei  e 
one  of  the  heads  of  J^epartments,  except  for  the  jiui[.08<» 

f  paying  its  own  expenses  and  con'"  ■'"•■""ies* 
^.     No    title  of  nobility  shall  b  d  by  tlio  Con- 

and  no  person  holding  any  office  of  profit  of 
i;  ;•  it  shall,  without  the  consent  of  the  Congress, 


; J,.     .   ....J  i  !'-ji.'-,  uiiiolumcnt,  office,  or  till-  ..  :.;:y 

kind,  whatever,  from  any  king,  prince,  or  foreign  State. 

9.  Congress  shall  make  uo  law  respecting  an  cstab- 
r,  i......T>t  of  religion   or  prohibiting   the   free   exercise 

. :  or  abiidgiug  the  freedom  of  speech  or  of  the 
press  J.  or  the  right  of  tlie  people  peaceably  to  assemble, 
and  to  petition  the  Government  for  a  redress  of  such 
grievances  as  the  delegated  powers  of  this  Government 
may  warrant  it  to  consider  and  redress; 

10.  A  well  regulated  militia  being  necessary  to  the 
security  of  a  free  State,  the  right  of  tlie  people  to  keep 
and  bear  arms  shall  not  be  infringed. 

11.  No  soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house  without  the  consent  of  the  owner;  nor  in  time 
of  war,  but  iu  a  manner  to  be  prescribed  by  la^^ . 

12.  The  right  of  the  people  to  be  secure  in  their  per- 
sons, houses,  papers,  and  eflccts  against  unreasonable 
searches  and  seizures  shall  not  be  violated  ;  aud  no  war- 
rants shall  issue  but  upon  probable  cause,  supported  by 
oath  or  affirmation,  and  particularly  describing  the  place 
to  be  searched,  and  the  persons  or  things  to  be  seized. 

13.  No  person  shall  be  held  to  answer  for  a  capital  or 
otherwise  infamous  crime,  unless  on  a  presentment  or 
indictment  of  a  grand  jury,  except  in  cases  arising  in  the 
land  or  naval  forces,  or  in  the  militia  when  in  actual 
service  in  time  of  war  or  public  danger;  nor  shall  any 
person  be  subject  for  the  same  offence  to  be  twice  pat  in 
jeopardy  of  life  or  limb  :  nor  shall  be  compelled,  in  any 
criminal  case,  to  be  a  witness  against  himsel  I.  i  i-  be 
deprived  of  life,  liberty  or  property,  without  due  proeeas 
of  law;  nor  shall  private  property  be  taken  tor  public 
use,  without  just  compensation. 

14.  In  all  criminal  prosecutions  the  accused  shall 
enjoy  tljc  right  to  a  speedy  and  public  trial,  by  an  im- 
partial jury  of  the  State  and  district  wherein  the  crime 
ehnll  have  been  committal,  which  district  shuU  have 
been  previously  ascertained  by  law,  and  to  be  informed 


119 

of  the  nature  and  cause  of  the  accusation;  to  be  con- 
fronted with  the  witnesses  against  him  ;  to  have  com- 
pulsory process  for  obtaining  witnesses  in  his  favor  ;  and 
to  have  the  assistance  of  counsel  for  his  defence. 

15.  In  suits  at  common  law,  where  the  value  in  con* 
troversj,  shall  exceed  twenty  dollars,  the  right  of  trial  by 
jury  shall  be  preserved;  and  no  fact,  tried  by  a  jury, 
shall  be  otherwise  re-examined  in  any  Court  of  the  Con- 
federacy than  according  to  the  rules  of  the  common  law. 
IG,  Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishments  in- 
ilicted. 
•*  *  17.     The  enumeration,  in  the  Constitution,  of  certain 

"tights,  shall  not  be  construed  to  deny  or  disparage  others 
retained  hy  the  people. 

\  ,,18.     The  powers  not  delegated  to  the  Confederacy  by 

The  Constitution,  nor  prohibited  by  it  to  the  States,  are 
reserved  to  the  States  respectively,  or  to  the  people. 

■f  19,  The  judicial  power  of  the  Confederacy  shall  not  be 
construed  to  extend  to  any  suit  in  law  or  equity,  com- 
menced or  prosecuted  against  one  of  the  States  of  the 
Confederacy,  by  citizens  of  another  State,  or  by  citizene 
or  subjects  of  any  foreign  State. 

SECTION  Viii. 

1.  Ko  State  shall  enter  into  any  treaty,  nllianco,  or 
confederation  ;  grant  letters  of  marqUe  and  reprisal ;  coin 
money ;  emit  bills  of  credit ;  make  any  thing  but  gold 
and  silver  coin  a  tender  in  payment  of  debts  ;  pass  any 
bill  of  attainder,  ex  post  facto  law,  or  law  impairing  the 
obligation  of  contracts  ;  or  grant  any  title  of  nobility. 

2.'  No  State  shall,  without  the  consent  of  the  Congress, 
lay  any  imposts  or  duties  on  imports  or  export?,  except 
what  may  be  absolutely  necessary  for  exccutjng  its  in- 
spection laws;  and  the  net  produce  of  all  duties  and 
imposts,  laid  by  any  State  on  imports  or  exports,  shall 
be  tor  tlic  use  of  tht  treasury  of  the  Confederacy,  and  all 


Ho 


V 


iv  uuty  of  tonriii  r  into  a: 

ct  \\'itJi  auot'  ,  nr  with  a  utn  luti 

-   .^0  in  war,  u  i  iiuUly  inva<lo(1.  ov  i» 

«noh  irnraiueut  danger  as  will  nt>t  ailmit  of  delay 

AHTIOLK  n. 

SFjrri'  •■-•    I. 
I'lie  Exectltivo  power  shall  be  vested  in  a  Prcsideut 
(11   I  lie-   Confederate   States  of  America.     IIo,   together 
rrtth  the   Vice  President,   shall  hold  his  office   for  one  • 
niilil  this  Provisional.  Oovcrnmeht  shall  'b&  &u- . 
>\  by  a  Permanent  Qovernnicnt.  ■\vhicbsoo^  or  stijw. 
;r. 

dent  and  Vice  President  shall  he  elqcto^ 
b}  liailot  by  the  States  represented  iii  this  Contr'  "h  •', 

Slate  CastinsJC  on**  vote.  niuT  ;i   iniibwit^v  nf  f]|(>  wl  (jr_ 

rctjnvf^ite  to  elci 

;i  except  a  iialiu'id  horn  citizen,  or  a  cif!^ 
^.cu  -M  vMi.  i.i  ihe  States  of  this  Confederacy  at  the  tiine 
of  the  adoption  of  this  Constitution,  shall  he  clifjihh^  to 
tlte. office  of, Prcadcnt;  rreither  fhrvll  any  porso;  1- 

"bie  to  tliat  ollicd  who  ^hall  not  have  attained  tbe  :(l;c  if 
tbirfcy-tive  years  and  been  fonrtccti  years  a  resident  of  one 
of  tliG  States  of  this  Confederacy. 

4.  In  case  of  tlie  removal  of  tlic  l.*rc.-Hidcut  from  olUc 
or  of  his  death,  resignation,  or  inability  to  di.-^churge  the 
powers  and  duties  of  the  said  oiflce  (which  inability  shall 
be  determined  by  a  vote  of  two-tliirde  of  the  Cohgrosa,") 
the  !<anie  shall  devolve  on  the  Vice  President;  and  tJic 
Congress  may  by  law  ]irovide  for  the  case  of  rcuidVal^^' 
death,  resiguation  or  inability,  both  of  the  PresidoiiL  and 
Vice  President,  declaring  what  officer  shall  then  a.  1  u.s 
President;  and  such  officer  sliall  act  accordincrlv   until 

.  the  disability  be  removed  or  a  President  shall  !•  !. 

5.  Tho  Pro  ■'   ■       •    '^  1  tiniea  r- 


121 


t  sfervice3,  during  tho  period  of  the  Provisional  GovGrn-'^ 
iiient,  a  compensation  at  tlic  rate  of  twenty-five  tiiousand. 
dollars  per  annum;  and  he  bhall  not  receive,  during  tiiat 
period,  any  other  emolument  from  this   Confederi^cy,  oi' 
an}'- of  the  States  thereof.  •'  '•     •<    , 

6.  Before  he  enter  on  the  execution  of  his  oflifte,  he 
shall  take  the  following  oath  or  affirmation  : 

"I  do  solemnly  swear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  President  of  the  Confederate  States 
of  America,  and  will,  to  the  best  of  my  abilitj-,,  preserve, 
protect,  and  defend  the  Constitution  thereof," 

s  '' 

SECTION   IT. 

1.  The  President  shallbe  Commandcr-in-Cluef  of  the 
Army  and  Kavy  of  the  Confederacy,  and  of  the  Militia  of 
the  several  States,  when  called  into  the.  actual  service  of 
the  Confederacy;  he  may  require  the  opinion,  in  writing, 
of  the  principal  officer  in  each  of  the  Executi,vc  Depart- 
ments, upon  any  subject  relating  to  the  duties'  of  tlieir 
respective  offices;  and  he  shtiU  have  poNver  to  grant  reC- 
privcs  and  pardons  for  offences  against  the  Confederacy, 
except  in  cases  of  impeachment. 

2.  He  shall  haye  power,  by  an4  with  the  .adWcc  Sifld 
consent  of  the  Congrei»s,  to  make  treaties,  provided  twO' 
thirds  of  the  Congress  concur:  and  he  shall  nomimtlo. 
and  by  aud  with  the  advice  and  consent  of  tli 

shall  appoint  ambassadors,  other  public  rninisiuo  and 
consuls,  Judges  of  the  Court,  and  all  otjhcr  officers  of  the.' 
Confederacy  whose  appointments  are  not  herein  othw- 
wise  provided  for,  and  which  flhall  be  established  by  law^.* 
But  the  Congress  may,  by  law,  vest  the  ajijiointirrent  of 
such  inftiior  officers  as  they  think  i»ro]K->r  in  the  Proi- 
dent  alone,  in   the, courts  of  law,  or  in   tl  of  <lc. 

]jartmcnts. 

o.     Tho  iVcsident  *<liiill  have  po^vcr  to  fill  up  all  vacan- 
cies that  uMky  happen  during  the  f  ecees  of  \\x(i  Congrc«s, 
'  10 


122 


hy  granting  <  shall   expire  at  (he  end 

of  their  next  session, 

SECTION  iif. 

1.  He  shall,  from  time  to  time,  give  to  the  Coiigi-ess 
ii)forniulion  of  the  state  of  the  Confederacy,  and  recom- 
mend to  their  consideration  such  measures  as  he  shall 
judge  necessary  and  expedient ;  he  may,  on  extraordinary 

,  "ions,  convene  the  Congress  at  such  time  ns  he  shall 

iv   proper;  he  shall  receire  ambassadors  and  other 

public   minieters;  he  shall   take  care  that   the  laws  be 

fnithfully  executed;  and  shall  commission  all  the  ofiicers 

uf  the  Confederacy. 

2.  The  President,  Vice  President,  and  all  civil  officers 
of  the  Confederacy  shall  be  removed  from  ofBce  op  con- 
viction !)y  the  Congress  ot  treason,  bribery  or  other  high 
crimes  and  misdemeanors:  a  vote  of  two-thirds  shall  be 
uecc.-sary  for  such  conviction. 

A.RTICLK  IIL 

SECTION    I. 

1.  The  judicial  power  of  the  Confederacy  shall  be 
Vested  in  one  Supreme  Court,  and  in  such  inferior  Courts 
as  are  herein  directed,  or  as  the  Congress  may  from  time 
to  time  onluiu  and  establish. 

2.  Kach  State  shall  constitute  a  district  in  which  there 
shall  be  a  court  called  a  District  Court,  which,  until'^. 
otherwise  provided  by  the  Congress,  shall  have  the  juris* 
diction  vested  by  the  laws  of  the  United  States,  as  fur  as 
applicable,  in  both  the  District  and  Circuit  Courts  of  the 
Cnited  States  for  that  State  ;  the  Judge  whereof  shall  bo  ' 
sppointcd  by  the  I'rosident,  by  and  with  the  advice  and 
consent  of  the  Congress,  and  shall,  until  otherwise  pro- 
vided by  the  Congress,  exercise  the  power  and  authority 
vested  by  the  laws  of  the  United  States  in  the  Judges  of 
the  l>istnct  and  Circuit  Courts  of  the  United  States,  for 
that  State,  and  shall  appoint  tlie  times  and  places  at 
which  the  courts  shall  be  held.     Appeals  may  be  taken 


clirectly  from  thef  Distrifct  Courts  to  the  Supreme  Court, 
under  similar  regulations  to  those  which  are  provided  in 
cases  of  appeal  to  the  Supreme  Court  of  the  United 
States  or  under  such  other  regulations  as  may  be  provi- 
ded by  the  Congress.  The  commissions  of  all  the  judges 
shall  expire  with  this  Provisional  Govern nieut. 

8.  The  Supreme  Court  shall  be  constituted  of  all  the 
District  Judges,  a  majority  of  whom  shall  be  a  quorum, 
and  shall  sit  at  such  times  and  places  as  the  Conirress 
shall  appoint. 

4.  The  Congress  shall  have  power  to  make  laws  for 
the  transfer  of  any  causes  which  were  pending  in  the 
Courts  of  the  United  States  to  the  Courts  of  the  Confede- 
racy, and  for  the  execution  of  the  orders,  decrees  and 
judgments  heretofore  rendered  by  the  said  Courts  of  the 
United  States ;  and  also  all  laws  which  may  be  requisite  * 
to  protect  the  parties  to  all  such  suits,  orders,  judgments 
or  decrees,  their  heirs,  personal  representatives  or  as- 
signees. 

SECTION   II. 

1.  The  judicial  power  shall  extend  to  all  cases  of  law 
and  equity,  arising  under  this  Constitution,  the  laws  of 
the  United  States,  and  of  this  Confederacy,  and  treaties 
made,  or  which  shall  be  made  under  its  authority;  to  all 
cases  affecting  ambassadors,  other  public  ministers  and 
consuls  ;  to  all  cases  of  admiralty  and  maratimc  jurisdic- 
tion ;  to  controversies  to  which  the  Confederacy  shall  be 
a  part}* ;  controversies  between  two  or  more  states ;  be- 
tween citizens  of  different  States ;  between  citizens  of  the 
same  State,  qlaiming  lands  under  grants  of  diff*ercnt 
States. 

2.  In    all  cases  aff"ecting  ambassadors,   other  public 
ministers  and  consuls,  and  those  in  which  a  State  phail  be  ■• 
a  party,  the  Supreme  Court  shall  have  original  jurisdic- 
tion.    In  all  other  cases   before  mentioned,  the  Supreme 
•Court  shall  have  appellate  jurisdiction,  both  as  to  law 


u. 


Mu\  Tdct,  Vitl.  ~   aii<l    UMilor  ^ucb.  ^$ulai^ 

--  the  Congress  ^llall  tuako. 

'!"  '■  Irinlof  all  crimos.  excei';  m  .  ..=c:^  vi  .iiii^doh- 
.!  be  byjnry,  and  pueh  trial  shall  l»o  licIU  in  the 
>UiU  wiiere  the  caicl  crimes  shall  have  been  committed; 
Lilt  when  not  committed  Tvithin  anj  State,  tlic  trial  ^^haH, 
ho  a'  Kuoh  place  or  ^ilaoL'S  as  the  Con<jress  may  by  law 
Lave  directed. 

i^ECrroN  11  r. 

1.     Tr<;a(<on  against  thicj  Confederacy  shall  con:>i-t  wuly 

ying  war  against  it,  or  in  adhering  to  its  enemies, 

^innsj  them  aid  and  comfort.     N6  persOD  shall  be  con- 

'       '  of  treason  unless  on  the  t<^stimony  of  two  witncfsefi 

-auie  overt  act,  or  on  cojifossion  in  open  eonrt. 
::.     The    Congress  shall   have   power  to   declare   th^ 
puiiibhment  of  treasc^n  ;    bnt  no  attainder  of  treason  i<hall 
work  corruption  pf  blood  or  I'll  r.M  fur.',  ivn'iit    .IdiIi)  •  ilio 
iilc  'ii  the  person  attaintcil 

Airnci.K  \v. 

^IXllo^    I. 

1.      I'^uU  faith  and  <.i\'dil  sliall   bo  given    in  cm'  li  Mate 
lu.tl 'J  ptib"  .   records,  and  judicial  proceedings  of 

«.  v.'iy   .ill.'  Aii'l  the  Congress  may,  hv  l^*  ncrafl 

';,\  ill   which  snch  :  Is, 

and  prouc'cUing.>  .-luiM  !  '         '   ' '  '  -  h 

proof. 

1 1. 

\.     Tlic  citir.ons  of  cruh  State  shall  be  entitled  to    all 
piivilegcp   and    immnn  citizens    in    ilio    several 

\    p 'I  sDii  ciiaim'W  111  aiij   .ciiiu- Willi  Irua-iMi.  jvluny 
I  r  crime,  who  shall  flee  from  justice,  and   be  fouu(l 


125 

ill  another  State,  shall,  on  iknnand  of  the  executive 
authority  of  the  State  from  wliich   he  fled,  bo  delivered 

•4ip,  to  be  removed  to  the  State  having  jurisdictiou  of  the 

♦ji^ime. 

/*  3.  A  slave  in  one  State  escaping  to  another,  shall  bo 
delivered  up  on  claim  of  the  party  to  whom  said  slave 
may  belong  by  the  executive  authority  of  the  State  in 
which  such  slave  shall  be  found;  and  in  case  of  any  ab- 
duction or  forcible  i'ese*ii(^,  full  compensation,  iiiohiding 
the  value  of  the  slave  and  all  costs  and  expenses,  shall  be 
made  to  the  party  by  the  State  in  which   such  ahdnction 

•or  rescue  shall  take  place. 

SECTION    TII. 

1.  The  Confederacy  shall  guarantee  to  every  State  in 
tills  Union  a  republican  form  of  governtneut,  and  shall 
protect  each  of  them  against  invasion  ;  and  on  applica- 
tion of  the  legislature  or  of  the  executive  (when  the  legis- 
lature cannot  be  convened),  against  domestic  violence. 

ARTICLE  V. 

1.  The  Congress,  by  a  vote  of  two-thirds,  n^iiy,  at  any 
time,  alter  or  amend  this  Constitution. 

ARTICLE  VI. 

1.  This  Constitution,  and  the  !aw.s  of  the  Confederacy 
which  shall  be  made  in  pursuance  thereof,  and  all  treaties 
made,  or  which  shall  be  made  under  the  authority  of  the 
Confederacy,  shall  be  the  supreme  law  of  the  land;  and 
the  judges  iu  every  State,  shall  be  bound  thereby,  any- 
thing in  the  Constitution  or  laws  of  any  State  to  the 
contrary  notwithstanding. 

2.  The  Government  hereby  instituted  shnli  take  im- 
mediate steps  for  the  settlement  of  all  matters  1»ct\veeu 
the  States  forming  it,  and  Iboir  other  late  Confuderatea 


126 


of  the  United  States,  in  relation  to  the  public  property 
and  jiublic  debt  at  the  time  of  their  withdrawal  from 
^eni ;  these  States  hereby  declaring  it  to  be  their  wish 
and  earnest  desire  to  adjust  everything  pertaining  to  the 
comnjou  property,  common  liability,  and  common  obliga- 
tions of  that  Union,  upon  the  principles  of  right,  justice, 
equity  and  good  faith. 

4.  T'^'ntil  otherwise  provided  by  the  Congress,  the 
City  of  Montgomery,  in  the  State  of  Alabama,  shall  be 
the  scat  of  Government. 

4.  The  members  of  the  Congress,  and  all  executive 
and  judicial  officers  of  the  Confederacy  shall  be  bound 
by  oath  or  aflirmatiou  to  support  this  Constitution  ;  but 
no  religious  test  shall  be  required  as  a  qualilication  to  an}" 
oflibe  or  public  trust  under  this  Confederacy. 

5.  The  Congress  shall  have  power  to  admit  other 
States. 


CONSTITUTION 


OF   THE 


CONFEDERATE  STATES  OF  AMERICA. 


We,  the  people  of  the  Confederate  States,  each  State 
acting  in  it  sovereign  and  independent  character,  in  order 
to  form  a  permanent  federal  Government,  establish  jus- 
tice, insure  domestic  tranquility,  and  secure  the  blessings 
of  liberty  to  ourselves  and  our  posterity — invoking  the  fa- 
vor and  guidance  of  Almighty  God — do  ordain  and  es- 
tablish this  Constitution  of  the  Confederate  States  of 
America. 

ARTICLE  L 

SECTION    I. 

All  legislative  powers  herein  delegated  shall  be  vested 
in  a  Congress  of  the  Confederate  States,  which  shall  con- 
sist of  a  Senate  and  House  of  Representatives. 

SECTION   If. 

1.  The  House  of  Representatives  shall  be  composed  of 
members  chosen  avery  second  year  by  the  peoitlo  of  the 
eeveral  States;  and  the  electors  in  each  State  shall  be  cit- 
izens of  the  Confederate  States,  and  have  the  qualirtca- 


128 


tioii!»  re(|uii»itc  for  electors  of  tlio  most  numerous  bninch 
of  tbe  iStatc  Legislature  ;  but  no  person  of  foreign  birtb, 
uot  a  citizen  of  the  Confederate  States,  ehall  be  allowed 
t(3  rote  for  any  oiiiccr,  civil  or  political,  State  or  federal.  ^ 

2.  So  person  shall  be  a  Representative  who  shall  not 
Lave  attained  the  age  of  twenty-live  years,  and  l>e  a  oiti- 
xcji  of  the  Conlcderate  States,  and  who  shall  not,  wheA 
elected,  be  an  inhabitant  of  that  State  in  which  he  shall 
be  chosen. 

3.  liopi-esentfitiyes  and  direct  taxes  shall  be  apportign- 
ed  among  the  several  States  which  maj^  be  included  with- 
in this  Confederacy,  according  to  their  rcs]»ectivc  numbers 
— whicb  shiill  be  determined  by  adding  to  the  whole  num- 
ber of  free  persons,  including  those  bound  to  service  for  a 
term  of  years,  and  excluding  Indians  not  taxed,  thrce- 
lifths  of  all  slaves.  The  actual  enumeration  shall  be  made 
within  three  years  after  the  first  meeting  of  the  Congress 
of  the  Confederate  States,  and  within  every  subsequent 
term  often  years,  in  such  manner  as  tliey  shall,  b}'  law, 
■discct. '  ,TJi«  number  of  Representatives  shall  not  exceed 
one  for  every  fifty  thousand,  but  each  State  shall  have,  at 
least,  one  Jieprescntative;  and  until  such  enumeration 
sball  be  made,  the  State  of  South  Carolina  shall  be  enti- 
tled to  choose  six,  the  State  of  Georgia  ten,  the  State  of 
Alabama  nine,  the  State  of  Florida  two,  the  State  of  Mis- 
sissippi seven,  the  State  of  Louisiana  six,  and  tho  State  of 
Texas  six.  ;  '  ..• 

4.  When  vatanuiu.'-  happen  in  ihc  rc-prcscntatioTi  fVoni 
any  State,  the  executive  authori'ty  thereof  shall  i^isu,e 
writs  of  election  to  jd II  such  vaoancir-. 

5.  The  House  of  Representatives  shall  choose  their 
Sjteaker  and  other  officers,  and  shall  have  the  sole  power 
of  imi)eachment ;  except  that  any  judicial  or  other  federal' 
oflicer,  resident  and  acting  solely  within  the  limits  of  any 
State,  may  be  imi)eached  by  a  vote  ni"  two-thirds  of  both, 
branches  of  tho  Le«rislature  thereof. 


129 


SECTIOiSr   III. 


1.  The  Senate  of  the  Confederate  States  shall  be  com- 
posed of  two  Senators  from  each  State,  chosen  for  six 
years  by  the  Legislature  thereof,  at  the  regular  session- 
next  immediately  preceding  the  commencement  of  the 
term  of  service  ;  and  each  Senator  shall  have  one  vote. 

2.  Immediately  after  they  shall  be  assembled,  in  con- 
seq^uence  of  the  first  election,  they  shall  be  divided  as 

.'equally  as  may  be  into  three  classes.  The  scats  of  the 
Senators  of  the  first  class  shall  be  vacated  at  the  expiration 
of  the  second  year  ;  of  the  second   class  at  the  expiration 

*of  the  fourth  year ;  and  of  the  third  class  at  the  expiration 
of  the  sixth  year  ;  so  that  one-third  may  be  chosen  every 
second  year;  and  if  vacancies  happen  by  resignation,  or 
otherwise,  during  the  recess  of  the  Legislature  of  any 
"State,  the  Executive  thereof  ma}'^  make  temporary  ap- 
pointments until  the  next  meeting  of  the  Legislatui*e, 
which  shall  then  fill  such  vacancies. 

3.  No  person  shall  be  a  Senator  who  shall  not  have  at- 
tained the  age  of  thirty  years,  and  be  a  citizen  of  the  Con- 
federate States;  and  who  shall  not,  when  elected,  be  an 
inhabitant  of  the  State  for  which  he  shall  be  chosen. 

4.  The  Vice  President  of  the  Confederate  States  shall 
be  President  of  the  Senate ;  but  shall  have  no  vote,  unless 
tbey  be  equally  divided. 

5.  The  Senate  shall  choose  their  other  oflicers :  and 
also  a  President  pro  tempore  in  the  absence  of  the  Vice 
President,  or  when  he  shall  exercise  the  offi'^o  of  Presi- 
dent of  the  Confederate  States. 

6.  The  Senate  shall  have  the  sole  power  to  try  all  im- 
peachments. When  sitting  for  that  purpose,  they  shall 
1)0  on  oath  or  affirmation.  When  the  l*resident  of  the 
Confederate  States  is  tried,  the  Chief  Justice  shall  pre- 
side; and  no  person  shall  be  convicted  without  the  con- 
currence of  two-thirds  of  the  members  present. 

7.  Judgment  in  cases  of  impeachment  shall  not  extend 


130 

furtlior  ilmii  to  removal  from  oftioc,  and  disqualification 
to  hol<l  and  enjoy  any  office  of  lionor,  trust  or  pro  tit  un- 
der tiic  Confederate  States ;  but  the  party  convicted  shall, 
nevertheless,  be  liable  and  subject  to  indictment,  trial, 
jud^iii'Mit  and  punishment  according  to  law. 

SECTION    IV. 

1.  The  times,  places  and  manner  of  holding  elections 
for  senators  and  representatives  shall  be  prescribed  in  each. 
State  by  the  Legislature  thereof,  subject  to  the  provisions 
of  this  Constitution  ;  but  the  Congress  may,  at  any  time, 
by  law,  make  or  alter  such  regulations,  except  as  to  the 
times  and  places  of  choosing  Senators. 

2.  The  Congress  shall  assemble  at  least  once  in  every 
year;  and  such  meeting  shall  be  on  the  first  Monday  in 
December,  unless  they  shall,  by  law,  appoint  a  ditfcrcnt 
day. 

SECTION    V. 

1.  Each  House  shall  be  the  judge  of  the  eloetioiif?,  re- 
turns and  qualifications  of  its  own  members,  and  a  major- 
ity of  each  shall  constitute  a  quorum  to  do  business ;  but 
a  smaller  number  may  adjourn  from  day  to  day,  and  may 
be  authorized  to  compel  the  attendance  of  absent  mem- 
bers, in  such  manuer  and  under  such  penalties,  as  each 
House  may  provide. 

2.  Each  House  ma}'  determine  the  rules  of  its  proceed- 
ings, punish  its  members  for  disorderly  behavior,  and, 
with  the  concurrence  of  two-thirds  of  the  whole  number, 
expel  a  member. 

3.  Each  House  shall  keep  a  journal  of  its  proceedings, 
and  from  time  to  time  publish  the  same,  excepting  such 
parts  as  may  in  their  judgment  require  secrecy;  and  the 
yeas  und  nays  of  the  members  of  either  House,  on  any 
question,  shall  at  the  desire  of  one-fifth  of  those  present, 
be  entered  on  the  journal. 


131 

4.  Neither  House,  during  the  session  of  Congress,  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than 
three  daj's,  nor  to  any  other  place  than  that  in  which  the 
two  Houses  shall  be  sitting. 

SECTION    VI. 

1.  The  Senator  and  Representatives  shall  receive  a  com- 
pensation for  their  services,  to  be  ascertained  by  law,  and 
paid  out  of  the  treasury  of  the  Confederate  States.  They 
shall,  in  all  cases,  except  treason,  felony  and  broach  of  the 
peace,  be  privileged  from  arrest  during  their  attendance 
at  the  session  of  their  respective  Houses,  and  in  going  to 
and  returning  from  the  same ;  and  for  any  speech  or  de- 
bate in  cither  House  they  shall  not  be  questioned  in  any 
other  place. 

2.  ISTo  Senator  or  Representative  shall,  during  the  time 
for  which  he  was  elected,  be  appointed  to  any  civil  office 
under  the  authority  of  the  Confederate  States,  Which  shall 
have  been  created,  or  the  emoluments  whereof  shall  have 
been  increased  during  such  time  ;  and  no  person  holding 
any  office  under  the  Confederate  States  shall  be  a  mem- 
ber of  either  House  during  his  continuance  in  office.  But 

.i^oogress  may,  by  law,  grant  to  the  principal  officer  in 
*i^ch  of  the  Executive  Departments  a  seat  upon  the  floor 
',f»f  either  House,  with  the  privilege  of  discussing  any  raeas- 
*ure  appertaining  to  his  department. 

SECTION    YII. 

1.  All  bills  for  raising  revenue  shall  originate  in  the 
House  of  Representatives  ;  but  the  iSenate  may  propose 
or  concur  with  amendments  as  on  other  bills. 

2.  Every  bill  which  shall  have  passed  both  I  f  "hall, 
before  it  become  a  law,  be  presented  to  the  i  .  .  .  iit  of 
the  Confederate  States ;  if  he  approve,  he  shall  sign  it ; 
but  if  not,  he  shall  return  it  with  his  objections,  to  that 


House  iu  wiiich  it  shall  have  originated,  who  t^r 

the  objections  at  largo  on  their  journal,  and  procciU  lo  re- 
con.si<lor  it.  If,  after  such  reconsideration,  two-tin "1- of 
that  Uonac  shall  agreoto  ynvus  the  bill,  it  shall  b 
together  with  the  objections,  to  the  other  Ilouse,  by  which 
it  phail  likewise  be  reconsidered,  and  if  approved  l>v  two- 
thirds  of  that  lIou.se,  it  shall  become  a  law.  r>at  in  all 
sncK.casQS,  the  votes  of  both  Houses  shall  be  determined 
by  yoas  and  nays ;  and  the  names  of  the  persons  voting 
for  an<l  against  the  bill  sliall  be  entered  on  the  journal  of 
each  House  respectively.  If  any  bill  shall  not  be  return- 
ed by  the  President  within  ten  days  (Sundays  excepted,) 
after  it  shall  have  been  presented  to  him,  the  same  shall 
be  a  law,  in  like  manner  as  if  he  had  signed  it,  unless  the 
Congress,  by  their  adjournment,  prevent  its  return,  i)i 
which  ease  it  yhall  not  be  a  law.  The  President  may  ap- 
prove any  a]>propriation  and  disapprove  any  other  appro- 
priation in  the  same  bill.  In  such  case  he  shall,  in  sign- 
ing the  bill,  designate  the  appropriations  disapiu'oved ; 
and  shall  return  a  copy  of  such  ap[iropriations,  Avilh  his 
objections,  to  the  House  in  which  the  bill  shall  hiw 
inated ;  and  the  same  proceedings  shall  then  be  had  :u  m 
case  of  other  bills  disap}»roved  by  the  President. 

•1  Evoiy  ordei',  resolution  or  vote,  to  w.hich  ilir  < onmr- 
rcnce  of  both  Houses  iniN' be  necessary  (except  on  u  (pies- 
tiou  of  adjournment,)  shall  be  presented  to  the  President 
of  the  Contederate  States  ;  and  before  the  eame  shall  take 
elfect,  shall  be  approved  by  him  ;  or  being  disapproved 
by  him,  shall  be  repassed  by  two-thirds  of  both  Houses,  ^ 
according  to  the  rules  and  limitations  prescribed  iti 
case  of  a  bill. 

SECTION    \1I1. 

The  Cuiigies.s  shall    liavc  [(owcr — 
1.  To  lay  and  collect  taxes,  duties,  imposts  and  excises, 
for   ivvenuo  necessary  to   pay  the  debts,  provide  lor  the 


1^-   , 

V 

comraou  defence,  and  to  carry  on  the  Government  of  the 
Confederate  States ;  but  no  bounties  shall  bo  granted  from 
the  treasury  ;  nor  shall  any  duties  or  taxes  on  importa- 
tions from  foreign  nations  be  laid  to  promote  or  foster  any 
branch  of  industry;  and  all  duties,  impost?  and  excises 
shall  be  uniform  throughout  the  Confederate  States  : 

2.  To  borrow  money  on  the  credit  of  the  C'«nf.t1iTntn 
States : 

"3'  To  regulate  commerce  with  foreign  naiiouri,  and 
ahioug  the  several  States,  and  with  the  Indian. tribes  ;  but 
neither  this,  nor  any  other  clause  contained  in  the  Consti- 
tution, shall  ovf^r  be  construed  to  delegate  the  pow6r  to 
Congress  to  appropriate  money  for  any  internal  improve-  • 
ment  intended  to  facilitate  commerce,  except  for  the  pur- 
pose of  furnishing  .lights,  beacons,  and  buoys,  and  other 
aids  to  navigation  upon  the  coasts,  and  the  improvement 
of  harbors,  and  the  removing  of  obstructions  in  river  nav- • 
igation,  in  all  which  cases,-  such  duties  shall  be  laid  on  the 
navigation  facilitated  thereby,  as  may  be  necessery  to  pay 
the  costs  and  expenses  thereof: 

"4..  To  establish  uniform  laws  of  naturalization,  and 
uniform  lav78  on  the  subject  of  bankruptcies  throughout 
the  confederated  States;  but  no  law  of  Congress  shall 
discharge  any  debt  contracted  before  the  passage  of  the 
same  : 

5.  To  coin  money,  regulate  the  value  liiuiu<u  and  of 
foreign  coin,  and  fix  the  standard  of  weights  and  meas- 
ures : 

6.  To  provide  for  the  punishment  of  counterleitin-  the 
securities  and  current  coin  of  the  Confederal  o  Slat,-  : 

7.  To  establish  post-otlicer^  and  post-rout 

pcnses  of  the  Post-oHice  Department,  after  llie  lirbt  day 
V)f  March,  in  the  year  of  our  Lord  eighteen  Ij't^'I'-'I  nn.l 
sixty-three,  shall  be  paid  out  of  its  own  reyenu- 

8.  To  promote  the  progress  of  scienco  and  usulul  urtb, 
by  securing,  for  limited  time-,  to  aulh""-  :■••'  '■^'■' 


k 


m 


the  cxclii-lvc  V]'iht   to  tlicir  respective  writin?^  r.nd  fits- 
cover  ics  : 

9.  To  constitute  tribunals  inferior  to  the  Supreme 
Court : 

10.  To  define  and  punish  piracies  and  felonies  commit- 
ted on  the  high  seas,  and  offences  against  the  law  of  na- 
tions: 

11.  To  declare  war.  grant  letters  of  marque  h.nd  repri- 
sal, and  make  rules  concerning  captures  on  hind  and 
water : 

12.  To  raise  and  support  armies;  but  no  appropriation 
of  money  to  that  use  shall  be  for  a  longer  term  than  two 
years  : 

18.  To  provide  and  maintain  a  navy  : 

14.  To  make  rules  for  the  government  and  regulation 
pf  the  land  and  naval  forces  : 

15.  To  provide  for  calling  forth  the  mililiu  lo  oxocuto 
the  laws  of  the  Confederate  Statc.'^,  suppress  insurrections, 
and  repel  invasions : 

16.  To  provide  for  organi/Uiig,  arming  and  disciplining 
the  militia,  and  for  governing  such  part  of  them  as  may 
be  employed  in  the  service  of  the  Confederate  States  ;  re- 
serving to  the  States  respectively  the  appointment  of  the 
officers,  and  the  authority  of  training  the  militia  accord- 
ing to  tlie  discipline  prescribed  by  Congress : 

17.  To  exercise  exclusive  legislation,  in  all  cases  what- 
Boever,  over  such  district  (not  exceeding  ten  miles  square) 
as  may,  by  cession  of  one  or  more  States  and  the  accept- 
ance of  Congress,  become  the  seat  of  the  Government  of 
the  Confederate  States ;  and  to  exercise  like  authority 
overall  places  purchased  by  the  consent  of  the  Legislature 
of  the  State  in  which  tiie  same  shall  be,  for  the  erection 
of  fortH,  maga/.ines,  arsenals,  dockyards,  and  other  need- 
ful buildings  :  and 

18.  To  make  all  laws  which  shall  be  necessary  and 
proper  for  carrying  into  execution  the  foregoing  powers, 
and  all  other  powers  vested  by  this  Constitution  in  tho 


Government  of  the  Confederate  States,  or  in  any  depart- 
ment or  officer  thereof. 

gECTlON   IX. 

1.  The  importation  of  negroes  of  the  African  race,  from 
any  foreign  country,  other  than  the  slaveholding  l^tates, 
or  Territories  of  the  United  States  of  America,  is  hereby 
forbidden  ;  and  Congress  is  required  to  pass  such  laws  as 
shall  effectually  prevent  the  same. 

2.  Congress  shall  also  have  power  to  prohibit  the  intro- 
duction of  slaves  from  any  State  not  a  member  of,  or  Ter- 
ritory not  belonging  to  this  Confederacy. 

3.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be 
suspended,  unless  when  in  cases  of  rebellion,  or  invaeion, 
the  public  safety  may  require  it. 

4.  No  bill  of  attainder,  ex  jmst  facto  law,  or  law  denying 
or  impairing  the  right  of  property  in  negro  slaves,  shall 
be  passed. 

5.  No  capitation  or  other  direct  tax  shall  be  laid  unless 
in  proportion  to  the  census  or  enumeration  hereinbefore 
directed  to  be  taken. 

6.  No  tax  or  duty  shall  be  laid  on  articles  exported 
from  any  State,  except  by  a  vote  of  two-thirds  of  both 
Houses. 

7.  No  preference  shall  be  given  by  any  regulation  of 
commerce  or  revenue  to  the  ports  of  one  State  over  those 
of  another. 

8.  No  money  shall  be  drawn  from  the  treasury,  but  in 
consequence  of  appropriations  made  by  law ;  and  a  regu- 
lar statement  and  account  of  the  receipts  and  expendi- 
tures of  all  public  money  shall  be  published  from  time 
to  time. 

9.  Congress  shall  appropriate  no  money  from  the  treas- 
ury except  by  a  vote  of  two4hirds  of  both  Ilouse.'^,  taken 
by  yea-s  and  naj^s,  unless  it  be  asked  and  estimated  for 
h^  nne  of  the  beads  of  dcpnrtmcnt,  and  submitted 


136  . 

to  ;  the  Presideut;  or  for  the  purpose  of  pay- 

ing its  owu  expenses  aud  contingencies  ;  or  for  the  pfty-i> 
incMt  of  clainiB  a<^ainst  the  Confederate  State.?,  the  justice   . 
.of  whicli  shall  have  been  judicially  declared  by  a  tribunal 
fbr  tUe  investigation  of  claims  against  thfe  Goycrnineut, 
wliicli  it  is  hereby  made  the  duty  of  Congress  to  establish. 

10.  All  bills  appropriating  money  shall  specify,  in  fed- 
eral currency,  the  exact  amount  of  each  appropriation, 
and  the  purposes  for  wliich  it  is  made  ;  and  Congress 
shall  grant  no  extra  compensation  to  any  public  con- 
tractor, officer,  agent,  or  servant,  after  such  contract  shall 
have  been  made  or  such  service  rendered. 

11.  Ko  title  of  nobility  shall  be  granted  by  the  Con-, 
federate  States ;  and  no  person  holding  any  office  of  profit 
QR  trust  under  thera  shall,  without  the  consent  of  the 
Congress,  accept  of  any  present,  emolument,  office  ox.. 
title,  of  any  kind  whatever,  from  any  king,  prince,  or 
foreign  State. 

'     12.  Congress  shall  make   no  law  respecting  an 
fiehmeut    of  religion,    or  prohibiting   the  free   t  \ 
thereof;  or  abridging  the  freedom  of  speech,  oi ci   ilie 
pre.^s ;  or  the  right  of  the  people  peaceably  to  assombLe 
and  petition  the  Government  for  a  redress  of  grievances. 

13.  A  well  regulated  militia  being  necessary  to  the 
security  of  a  free  State,  the  right  of  the  people  to  keep, 
aud  bear  arms  shall  not  be  infringed. 

14.  iNo  soldier  shall,  in  time  of  peacCj  be  quarteinl  iii 
any  house  without  the  consent  of  the.  owner;  i>or  in  timft^ 
of  war,  but  in  a  manner  to  be  prescribed  by  law^ 

15.  The  right  of  the  people  to  be  secure  in  theii  per- 
eoiis.    liouses,  papers,  and   eflects  against  unreasonable 
Hcarclies  and  seizures  shall  not  be  vii>lated  ;   and  no  war»^. 
rants  shall  issue  but  upon  probable  cause,  supported  by ., 
oath  or  affirmation,  and  particularly  describing  the  place 
to  be  searched,  and  the  persons  or  things  to  be  seized. 

16.  No  person  shall  be  held  to  answer  for  a  capital  or 
•otherwise  infamous  crime,  unless  on  a  presentment  or 


187 

Uidietraent  of  a  grand  jury,  except  in  cases  ansiug  in  the 
laud  or  naval  forces,  or  in  the  militia  w.heu  in  actual 
seivice  in  time  of  war  or  public  damgor;  nor  shall  any 
ptirson  be  subject  for  the  same  ottonce  to  be  twice- put 
in  jeopardy  of  life  or  limb:  nor  be  compelled,- in  any 
criminal  case,  to  be  a  witness  against  himself;  nor  bo 
deprived  of  life,  liberty  or  property,  without  due  process 
of  law;  iior  shall  private  property  bo  taken  for  public 
use,  witliout  just  compensation. 

17.  .Ill:  all  criminal   prosecntions  the  'ficcueed   shall 
enjoy  the  right  to  a  speedy  and  public  trial,  by  an  im- 
partial  jury  of  the  tState  aud  district  wherein,  the  crime 
shall-  have  ,beeii  committed,   which  district   shall   have 
been  previously  ascertained  by  lavt,  aud  to  be  informed 
of  the  nature  and  cause   of  the  accusation;  to.  b^  pou-. 
fronted  with  the  witneescB  against  him;  to, have  com- 
pulsory process  for  obtaining  witnesses  in  liis  favOr ;  and.* , 
to  have  the  assistance  of  counsel  ibr  his  defence. 
;  -18.     In  suits  at  common  law,  where  the  value  in  con- 
.  troversy,  ghall  exceed  twenty  dollars,  the  right  of  trial  by" 
jury  shall  be  preserved;    and  no  fact,  tried  by  a  jury, 
shail.be  otherwise  re-examined  in  any  Court  of  the  Con- 
federacy than  according  to  the  rules  of  the  common  law. 

19.  E:j^ces3ivc  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  puuishmeute  in- 
flicted. -'.'.' 
•  29.  Every  law  or  resoluti-on  having  the  f6rce  of  law, 
!?hall  relate  to  but  one  subject,  and  that. shall  be  expressr 
cd  in  the  title.                                               .«  ■  , 

SECTION  x. 

1.  No  State  siiall  enter  into  any  treaty,  alliance,  or 
confederation  ;  grant  letters  of  marcjue  and  reprisal ;  coin, 
money;  make  any  thing  but  gold  and  silver  coin  a  t<^ii-; 
der  in  payment  of  debts  ;  pass  any  billof  uttaiu<ler,  on/ 
^>o.s<  facto  law,  or  law  impairing  the  pbligation  of  con- 
tracts ;  or  grant  any  title  of  nobility. 
11 


8,  '^Co'-  '  ;il,  withoritUie'tonicont  oftlio  Oon^rc8« 

lay  aiiv  V'l;  ■'  <Ui1ios  on  iinjH>rt>:-  or  e.^porfs^  except 

\vh«t  min-  be  tib$olutel};  tte^eFsaT}*  fct  t.te<uttfrng .  its  fn- 
(«|^rption.  linr*:    and  tho  net  prorln^o  of  all  duties  aii^'        [ 
i«npt)t^ts,'lai(i  by  aby  Stato  on  iniporle  or  exp1>itf>,  i^all  • 
be.  for  ihve  life  of  tbe  tl^3nsary  of  tbe  Confederate  States  ; 
nrtd  Jill  «ucli  lays  f^bntl'be^Qlijoftt  t'ot1ie^*reV!ston  aurl 
control  o{  Coftgres*.'    '  '    .'      '        "''.■'''''  ^ 

3,     No  State  sbaJl,  without  tbe  eon^tnt  9^C'on^rcs?,   -    M 
layr'any  cfOty  o\)  toftnuge,  except'ori  sen-g^ijiff  vessels,  foi'        \ 
tlio' iriiproveracnt  of  its  rivers  alVcl  barbbrs  uaviLTflted  by 
ttSc  said'vesscla:  but  such  datio:?  shall  not  eonflict  with 
aiiy  trcjitres  of  the  Co}ifederate  States  wit}!  forei'gh  rta-"  .       I 
tiou's";  and  any  Bupphis  revenne,  thn?  derived,  shall,  after 
inakinfi;  ?i^(i\\   improveracnt,  be  paid  into  the  conimoc 
trfeasury;    no^  shall  auy   State Ite^p  troops  or  ships  o'f 
wav  in  time  of  peace,  isntdr  into  any  agreement  or  coiti- 
pact  with  -finotlior  Strite,  c»r  ^tifh  a  foreign  power,  or  en- 

fa<^e  iji  war,  unless  actnally  mvaded,orin  such  imniineut 
aiv!»tT  fifl  will  not-  admit  of  t\6\xy.  '  Biit  when  any  river^  • 
dtv,i(les  "or  flow<i  through   Xv^o  or  more  State<?,  they  niuy 
eutcr  into  compacts   with  each   other  to   improve   the 
navigation  thereof. 

ARTICLE  II. 

SRCTTOX    I. 

1.  The  execntive  power  shall  bo  vested  iu  a  President 
of  tho  Confederate  States  of  Artieriea-  lie  and  the  Vice 
President  shall  hold  their  oflices  for  the  term  of  six'year^ ; 
but  the  President  shsjill  not  be  rc-cligiblo»  The  President 
and  Vice  O^resident'shall  bo  elected  as  follows: 

2.  Each  State  shall   appoint,  in  such  manner  as   the 
Legislature  thereof  may  direct,  a  hdwiber  of  electors  equal " 
to  the  whole  number  of  Senators  and  Representatives  to 
which  the  State  may  be  entitled  in  the  Congress;  but  no 
Senator  or  "Reprosentative,  or  perspn  holding  an  office  bf 


189 

'ticii'st  or  profit  under  the  Confederate  States,  shall  hb  ap- 
pointed an  elector. 

3.  The  electors  shall  meet  in  their  respective  dilates 
and  vote  by  ballot  for  President  and  A'ice  Pre8idcn.t,  cue 
of  whom  at  Icfaiit,  shall  not  be  an  inhabitant  0f  the,  siunp. 
State  with  themselves;  they  shall  name  in  their  ballots 
tl^e  person  voted  for  j^s  President,  and  in  distinct  ballots 
the ''person  vbted  for  as  Vice  President,  and  they  shall 
make  distinct  lists  of  all  persons  voted  for  as.  President, 

'  aiid  of  all  persons  voted  for  as  Vice  President,  and  of  the 
number  of  votes  for  each,  which  list  they  shall  sign  and 
certify,  and  ti'ansmit,  sealed,  to  the  scat  of  the<ji;9vecn- 
mentof  the  Confederate  States,  directed  to  the  President 

,  of  the  Senate.  The  President  of  the  Senate  shall,  in  tho 
presence  of  the  Seaate  and  House  of  Representatives, 
open  all  the  certificates,  and  the  votes  shall  then  be 
counted;  the  person  having  the  greatest  number  of  votes 
for  iPresi  dent  shall  be  the  President,  if  such  number  bea 
majority  of  the  whole-number  of  electors  appointed ;  and 
if  no  such  person  have  such  majority,  then,  from  the 
persons  having  the  highest  numbers,  not  exceeding  threp, 
on  t|;ip  list . of  ^thosg  voted  tor,  as  President,  the  House  qf 
Representatives  shall  choose  immediately,  by  ballot,  the 
President.  But  in  choosing  tho  President,  the  votea 
fehall-  be  taken  by  States,  the  representation  from  each 
Stkie  having  one  vote;  a  quorum  for  this  purpose  tiliall 
consist  of  a  member  or  members  from  two-thirds  of  the 
States,  and  a  majority  of  all  the  States  shall  be  n^oosea*/ 
to  a  choice.  And.  if  the  Hou^^c^of  Tiepresentativc's  shall 
not  choose  a  President,  whenever  the  right  of  clioioe 
shall  devolve  upon  them,  before  the  fourth  day  of  Mai-di 
next  following,  then  the  Vice  President  shall  act  as 
President,  tts  in  case  of  the  death,  or  other  coustitutioual 
disability  of  the  President. 

4.  The^>€rsou  having  the  greatest  number  of  FoteS  a^ 
Vice  JPresidcnt  shall  be  the  Vice  President,  if  audi  num- 
ber Tx;  a  majority  of  the  wjiole  number  of  electorc*  ap- 


140 

1:  5ind,  if  no  pcnison  liave  a  majority,  tUen,  from 
.  hi^'licst  numbers  on  tlie  list,  the  Sciiatc  sliall 
choose  llie  Vice  President;  a  quorutn  for  the  piirpose* 
f=h^\\  consii^t  of  tWo-fhinU  of  the  whole  number  of  8oi^?i: 
t(?r»,  miJ  II  majority  of  thu  whole  unmber  sluill  bo.  necc§- 
i*iir/  ta  a  clioico. 

n.  But  no  .person  oont-litutionally  ineiligildc  to  the 
otfifC  of  PreHident  shall  bo  elijj^ibic  to  that  of  Vice  Prosi'- 
d€n{  of  the  Confederate  States. 

ij.  TlH^Oonijrcs.'^  may  determine  the  time  of  choosing   , 
tiio  I'leetoj-e,  and  the  day  oa  which  they  shall  give  their 
vote«;  ".whicli  day  aiiaU  be  the  same  throughx^ut  the  .Cofi*^ 
federate  States.  ;•   '*  *  '    •  -^    •  '  . 

*7.'No  I'^ersoji'eJPCcpl  a  onturnrbb.rkT3itizen  of  tlK)  Cod- 
ledernte  8ttitee,^0f  a  citizen  thorepf,  at  thta  time  of  thb 
a<t^p^ti(?n  of  this  Constitution,  or  a  citiaon  there6f,  born 
in  the  Utnted  States  prior  to  the  20th  of  DocetQber,.lfe't)0, 
ahi'll  he  eliii;il>ie  to  the  office  of  Fresidunt:   neiUier  shall 
ftoy  pcrs6n.be  clifj^bjo  to  that,  office  *  Who -BligirnAt  hav^s 
attained  the  age  of  thirty-five  yeari^,  and  been  ,fouHfe«n* 
yoars'.a  resident   within  the   limits   of  the  Confederate 
jSt^ft'a'as  riiey  may  exist  at  the  time  of  his^electtot)."-' 
*  ""S.  'In  ta^eof  the  removal  of  the  President  from  ©"fSce^ 
orof  tjTs  death,  resignation  or  inabilify  to  disclmrg'G  thb 
po-vircrri  and  duties  of  the  said  office;  the  fearac  shftll  dc- 
volrp  on  th€  Vice  President ;  and  the  Congrci^  irjay',  "Tjjr^ 
la\v>  provide  for  the  cac^e  of  i-'emoval,  death,  rcsfgnn'tion, 
or  inability,  both   of  the   I'resident  aud  Vice  i'rOt^idCut^. 
.  deekirin^  what  officer  shall   then  ac(t  *i8  President,  and 
truchotfi-eer 'flhall  act  aceordin^i^ly  until  the  disability  W 
romorcd  or  a  Pre^idont  sh^U  be  elected.         '  / 

1>.  The   President'  shall  at  stated,  time^,  TcceivTS  for  liic 
senicee  a  compensation,  which  shall  neither  be  increased, 
licfrjfiimihifihGd  during  the  period  for  which  lie  shall  iiave 
been  \>l«cted  ;  and  ho  shall  not  receive  within  tliat  pcri«id 
aey  otlioi*  emolument  from  tbe.Oonlbdcrate  StateSj^  or^.oft. 


141 

10.  Before  lie  eiitors  on  the  exechtiou  of  his  oflice,  ho 
sTitiH  take  the  foUowliig  oath  or  affirraatro,n.:      .^ 

'"'I  do  solemcl}^  swear  (or  affirm)  that  I  will  faithfully 
execute  the  office  of  Presideut  of  the  Confederate  fjtatcs, 
^nd  will,  to  the  best  of  rhy  ajiility,  pVes^rre,  protect  uyd 
-defend  the  constitution  thereof'* 

SECTION  ir. 

1.  The  President  shall  be  Commander-in-Chief  of  the 
arniy  and  uavy  of  the  Confed^^nxtc  .-States,  and  of  the 
milHiij,  of , the  several  States,  when  called  into  the  actiifll 
service  .of  the  Confederate  States;  he  may  requii^ie  the 
opin'ioii,  in  writing,  of  the.principal  officer  in  each  of  the 
Executive  Departments,  Jtnd  upon  anj'  subject  I'Glati-ng  to 
the  dirties  of  their  respective  offices,  and  he.^hall  have 
piower  to  grant  reprieves  and  pardons  for,  offences  against 
.the  Confederate  States,  except  in  casee  of  impeachment. 
'  '2.;IIe  shall  have  po^ver,  by  and  with  the  advice  and 
consent  of  the  Senate,  to  make  treaties,  provided  two- 
tliirds  of  the  Senators  pTosent  concur;  and  he  shall  nomi- 
nate,-and 'by  and  with  the  advice  and  consent  of  the 
Senate,  shall  appqitil  arnbassadors,  other  public  minis- 
tiers  ancl..  consuls,  Judges  ofthe  Supreme  Court,  and  all 
otller  omoere  of  the  Confederate  States,  whose  appoii>t- 
.rapr.ts  are  not  herein 'Otherwise  provided  for,  and  which 
'shall' be  established  bylaw,;  but  the  Congress  ma}',  by 
law,  vost  the  appointment  6f  such  inferior  ofiict3*P6j^  as 
they  think  proper,  in  the  President  alouc,  in  the  cpnrts 
of  law,  or  in  the  heads  of  departments. 

3.  The  principal  officer  in  each  of  the  Executiyo  De- 
partment!?, and  all  pereions  connected  with  the  diplo^fnatic 
.  service,  maybe  removed  from  office  at  thepleafrure  of  the 
Pfesident.-  Airother  civil'  officers  of  tliG"  Exect\tivcl?e- 
partmont  may  b6  removed  at  any  time  by  tjie  Prcf^idcn't, 
or  other  appointing  power^  when  their  f(orvioes  arb  un- 
uegcssQry,  or  {qy  dishonesty,  incapacity,  inefficio>icy,'nii8- 


144 

conduct, or nq^teet  Ojf  duty;  aud  when  so  reuioved,  tlio 
removM  ■  eliall  be"  reported  ttf  tho  Senate,  t-<)^.c.tht-'r  ^vH^i 
the  rear'ous  therefor.  *  .        ,      .'  . 

'4.  *rh6  President  pliall  have  "pox^^pr  to  fitl  flU  vaeaneics 
that  Ti^dv.  •Ivap'ju^il  during  the  rccpss  of  the  ^Soautie,  ^  hy 
gr^utiiijCc  Gpijimi86idiis  w^ioh  'shall  (Txplre  5i,t  the,  qiuI  of 
thc'H-  next  session  ;  but  no  person  rejectee!  by  tlio  Senate- 
!<liall  he  reappointed  to  the  sfime  ollice  during  their  ensu- 
ing recees. 

■SECTION  in. 

1.  The  President  eball,  from  time  to  time,  give  to  the 
Coiiirrcss  }nforni,ation  of  the  state  of  th?  Confederacy, 
and  ^ticdmmeiid  to  tlieii'  consideration  guoh  moasi^rcs  as  • 
he  Hhall  Judge  ndc<jssai'j  pid'  cocpeihent^  ho  ma^,  qu  esf- 
traorniiiary,  Occasions,  convene  both  Houses,  or  either  of 
thc'rti ;,  alid  in  case  of  disa^ruemeut  between  lhcn\,  with 
respoet  ^o  the  time  of  ♦adjoiji'nn^eut^  he  «iay*iuiJouni  th^ipv 
to  fiich'a  lime  as  lie  shall  think  proper";  he  shall  reccrVc 
Tiriihjfssadrtrs  and  other  public  niinistci^';  Jie  shall' take 
cart"  thaV  the  U^'s*be  faitliJnUy  executed,  and  shall  con)-  • 
mt^sion  iill  the  officers  of  thp  Confederate, StiitG:-. 

SECTION';  IV; 

3.'  'Hio  Pi*csi(Jeijt,"  ViceYresicletit,  and  aj,l  .civil  xjfUcers 
<of  Ihe.Ooirfec'^rutp  States,  shall  be  •4'Cino'vcd  ifmnixjlRce 
dn  impeacliment  for,  ahd  (ioiivicti<)n  of,  trea^^on,  bribe ly*  ; 
of  i>tfitkr  high  e'rinies'ftiid  |Tiisddti|eauoi's, 

AKTIOLK  ril. 

SECTION    1. 

1.  .Xh(J.  judicial  po>vcr  pf.. the  Opjiiadcrat»i  SX^tjesishajl 
bo  vested  in  one  Supreme  Court,  and  in  such  Inferior 
Cyurts.  ;ijis  the  Cojtgrcss  may  frjom  time  to  ti;ne,  Qrt-i.aiu  ' 
ao'd  cvstvjjlisli.  The  Judges,  both  pi'  the  fc>.upi'ei5ae_£tftd 
Infouor  Courts,  ehaLI  hold  their  oflices  during  good  be- 
havior, and  shall,  at  stated  times,  rocpive  for  X\mv  servi- 


1.43 


CQ§  a  convpeiiauition,  whi^^li  shall  not  be.<li<*iUHailied  during 
their  coiitinuuiicc  iu  office. 

•  SECTION  ,11, 

1.  The  jU(rK;ial  power  shall  exiteiul  t)0  all  cascfe  avisii^g 
uii(?6r  this  Gonstitution,  the  jaws  of  the  Confederate 
States,  And  tre?ities  niude  or  whicJi  shall  be  made  under 
their  authority  ;  to  f^H  cases  an'eoting  ambassadors,  other 
public  ministers  and  consuls;  to  all  cases  of  adrtiirultv 
and  maritime  jurisdiction  ;  to  contrdversies  to  ivbich  fhe 
Confederate  States  sliall  be  a  party  ;.  to  cbnti'otei'sics  be- 
tween two  or  mo^e  States;  betTVceii  a  State  and  citixena 
of  another  Stat6' where  the  Slate  ii  p^aiirtiif';"  between 
citizens  cI"limin2^1^lnd8  under  a:rants  of  diftl-rent  Statee, 
and  betwceil  ti  State  and.the  citizens  thereof,  iind  f<»"cigu 
States;  dtjzien^  oi\si^bjccts;  but  no  "Statb  aTiaJl  \c  s}K3d 
bj^  a  citizeu  6b  siibje^^t  of  awy  foroi^n  State. " 

2;  In  aW  'Cases, affecting  {tmbassad(:)rs,  otiicr  public  min- 
isters and  consuls,  and  those  iu  which  a  State  shall" oe  a 
party,  the  Supreme  Couii  shall  imye  ong^nal  Jurisdietiou.. 
In  all  the  otlie?"  cases  boR)re  mentioned,  the  Snpfelrne  . 
Court  shi^U  liiaye  appellate  jurisdiction,  bojli^as-to  law 
and /act,  wijli  sucli,  exceptjbiiSj  and  unde^^vh  regula- 
tions, as  tfi'e  Oouicress  shaH  make,-    '  ■  .      '  "    ' '    . 

if.  yhe  trial  of  dl  crimes,  except"  ijV  eases  of  impci^fh- 
ment,  sh^ll  be  bv  jur^-,  and  guch.trial  shaJl  be.li«ldi|l  tlie 
Sta|ie  whoi'e^^Ue  said<irimes  shall  have  bee i)  comfuittcjd;  ■ 
but  when  iiot  committed  Vithin  any  ^tate,  thetrftil  shall 
be  irt  audi  place  ot  places  as  tHc  Congress  Diay  by  r»<^ 
have  directed. 

t 

SKCTi;02f  >-m.  '  .  •  •  .  . 
1.  Treason  against  the  Confederate  Slates  i^lJaU  consist 
only 'in  levying  war  agaiuet  them,  or  iii-a<lhciing  to  their 
enemies^  gi-vi"g  them  aid  and  conifprt.  Sa  pcfseu  thall 
bo  convicted  of 'treason  unless  on  the  tcstiniony  of.  t\vo 
witnx^spoR  tn  fhe  eaoie  owrt.act,  or  on  >caotb6si(M»  ii%  ojl^n 
court.  ^       j«i'-  •.*.  ''.  ^      •»•  •  •.  . 


144 

"^.  ^hc  Goiijfnss  pliall  nnVc  ^jon'or  to  doelnre  the  ])uii- 
ishniont  of  treiison,  but  uo  atLaitnlor  of  ti'easpn  shall  T^-ork 
corruptlQii  of  l)lood,^or  foril^iUu'c,  /exc(4>t  during  the  life 
of  t,hv  i>ef son  attainted., 

ARTICJ.E  IV, 

StGTION   If    , 

1,  I^ijllfaitt\  and  credit  slwill  be  glrenln  caeb  Stato  to 
the  public  ii,ct§,  recoa'dfe  and  juditial  proceed,! ngs  of  every 
QthQr  3t;ate ;  ^ud  the  Cpngres?  may,  by  general  lawa, 
prcscribo-  the  manner  in  whicli  siicli  acts,  rfecovd*  i\ntl 
proccedinii^s  shall  be  proycd,  and  the  eflect  theitof. 

1.  The  cAtiz^ps  Qf  each  "Stafc  snail  ue  entitled  to  cH 
the*  prfviTcj^Gs  aiid.imraunitieB  of  citizens  iii'thfi  several 
ISt^tes,  tind  phnll  havo  tlie  rigtit  of  transit  and  pojouni  in 
any 'CJtate  Of  this  Cpnfeduracy,  M'ith  their, slaves  and  otbor 
properly;  i\nd  tl>e  right  of  property  in  $aM  elavcfe  "shall 
not  be  thereby  impaired. 

2.  A  peripi^u  charged  in  any  State  with  treasQn,  fciony, 
or  othcj'  cri/ne  ao^aingt  th6  la>vs  of  tucli  State,  v^bo  shall 
flee  from  justice,  and  be  found  in  another  State,  sb'aH,  oii 
demand  of  the  ExecuilvtJ  uuthority  of  .the  State  'fi«dm 
Avhjdi  be  iicd,  be .  dctiycred  up,  to  be  removed  fo  the 
State-haying  jun6di(?t}pu  "of  tho  cirimc. 

'Si  Isq  slave,  or  otiier  person  lield  to  iacrvice  or  labor  in 
luiy  State >  or  Territory  of  the  Opnfoderato  Stjitcs.  under 
the  laws  tliereof,  cfecaplug  or  iaWnilly  caixied  iAto  a'uo'ther, 
shall-,  iu  consequence  oji'  any-law. or  regulation  therein,' 
be  discharged  fropi  such  s6rvieb  or  labor;  bnt  flhall  be 
delivered  up  on  olaini  of  the  party  to  \^'hom  such  slave 
l?eloA*8,  ^r  to  whotTi  su-ch  ecnnoco^  labor  may  be  due.  • 

SI^CilQN,  111. 

1.  (Jllier  Btatcs.may  be  admitted  into  this  Oonfedcraciy 
by  a  vote  of  two-thirds  of  the  Avholo  House  of  Reprjascn- 


145 


tatives,  and  two-thirdg  of  the  Senate,  tlie  Senate  voting 
by  StatcB ;  but  no  new  State  shall  bo  formed  or  erected 
within  the  jurisdiction  of  any  other  State;  nor  any  State 
be  formed  b}'  the  junction  of  two  or  more  States,  or  paTts 
of  States,  without  the  consent  of  the  Legislatuifes  of  the 
States  concerned,  as'w^ell  as  of  the  Congress. 
•  2.  The  Congrcss  shall  have  power  to  dis'jiose  of  and 
make  all  needful  rules  and  regulations  concerning  th« 
property  of  the  Confederate  States,  in-cluding  the  lands 
thercof. 

3.  The  Confederate  States  maj'  acquire  new  territory; 
and  Congress  eliall  have  power  to  legislate  and  provide 
governments  for  the  inhabitants  of  all  territory  belong- 
ing to  the  Coj]federate  States,  lying  without  the  limits  of 
the  ^e^era)  States  ;  and  may  permit  them,  at  sucJi  times 
and  in  such  mariiifer  n^  it  may  by  law  provide,  to  foi'm 
•Stfvfcs  ti3  be  admitted  into  the  Confederacy.  In  all  such* 
territorj-,  the  institution  of  negro  slavery,  a'a  it  niw  ex- 
ists in  the  Confederate  States,  shall  be  recognized  and 
protected'  by  Oongress,  and  by  the,  Territonat  Govern- 
ment; and,  the  inhabitants  of  the  several  Confederate 
States 'and  Territories  shall  have  the  right  to  take  to 
slich  T6rrit6ry  any  slaves  lawfully  held  by  them  in  an}- 
of  the  States  or  Territories  of  tlie  Confederate  States. 

4.  The  Coutederate  Statee  shall  guarantee  t;e  evci';^' 
State  that  now  is,  or  hereafter  may  become,' a  member  of 
this  Confederacy',  a  rcp>ublican  form  of  government,  and 
filr»ill  protect  each  of  them  against  invasioq^'and^  o?i  Ap- 
plicatioYi  of  the  Legislature  (or,  of  the  Executive,  when 
the*  Tegishiture  ife  not  in  session;)' a_gainst  doinestjfc  vio- 
lence. 

ARTICLE  y. 

1.  Ujion  the  demand  of  any  three  States,  ]<»gally  afi^ 

RCmblcd  in  their  .several  Conventions,  the  Congrfes^  shftll 

Buvnmbn  a  ConventTon  of  all   the  'States,  to  tnke  int© 

consideration  such  amendments  to  the  Constitution  as 


146 


tXtQ  snid  States  Rli'nll  concur  in  9im-*rc.^rmLr  at  tlic  lime 
wjicn  tlic  siiiii  dcinami  is  uiftilo;  ami  slioiiM  any  of  iIk 
f)Oopos©<l  ftniondmeijts  to  the  ConstitiUiorf  be  agreed  on 
by  the  ^.'lid  Coiiveution — \T»tinir  hv  i^tatess — and  the  name 
he  ratiiicBd  by  tliC  l^egislatiiiuK  of  tuo-tbii'tls  of  the  scvCr- 
.al  Stfttes,  or  by  Convention  in  two-thirds  tbcreof-— as  one 
or  tlie  other  mocle  of  ratificatlAu  may  be  proposed  by  the 
general  Convention— they  shall  thenco  foivNard  forma 
part  of  this  Ooustilutiou.  But  no  State  shall,  without 
its  consent,  be  d(*prived  of  ita  ecjuqi  representation  in  the 
Senate. 

ARTICLE  VI. 

1.  Tlie  Grov6riimQn't.  established  by  this  C<>nst;iti^tk>u  is 
the  succesBor  of  the  Ih'ovisioual  Qpvoi'mnent  of  tho  Ocyj- 

,  federate  States  of  America,  and  all  the  laws  imssctl  by 
the  lifter  shaH  continue  jij  force, until  the  same' shall  be 
repealed  or  modifieq;  sand  all  the  Aiiioers  appoiutpd  .by 
the  saiiioelmlT  romain  in  office  until  their  ^uceegsOTs  arc 
appointed  and  qualilied,  or  the  ofliccs  aboHshedl,   ;  • 

2.  AH  debts  contracted  and  engagemc'nte  entered  iuto 
before  the  adoption  of  this  Constitution. i^haU  be  as  valid 
as^ainst  the  Confederate  States,  under  tbis  CDnstitutiou  us 
under  the  J'rovisional  Government. 

3.  This  .C9nstitution  and*  the  law^  of  the  Confederate 
States,  made  in  pursuance  thereof,  and  all  treaties  maae, 
or  which  sball  be  njade,  under  the.  auth(M-ity  of  the  C-Q.n- 
federat.O  States,  shall  be  the  sttpre^ic  J^w  of  tlic  laiid; 
and  tlie  Judges  in  every  State  aUall.be  boun.d  th'crcbj, 
anything  in  the  Gonstitut-ion  or  laws  of  any  State  to 
tlie  contrary  uotwithstan ding. 

4.  The  Senators  and  Koprcsentativcs  before  irtontioned, 
and  tho  members  of  the  several  State  Legislatures  and  all 
executive 'and  judicial  officers,  both  of  the  Confederate 
States  »udof  the  sfe^^eral  States,  sliall  be  bouud  by.  oath 
or  afRjTuatipn"  to    support    this   Constitution ;    but   no 


147 


religious  test  slmll  ever  be  roquivad  q,8  a  qualification  to 
any  office  or  public  trust  under  the  Confederate  ^tat?es. 

G.  The  enumeration  in  the  Oonstithtion  of  certain 
rights  shall  not  be  construed  to  deny  or  disparage  others 
retained  by  the  people  of  the  several  States. 

G.  The  powers  not  delegated  to  the  Confederate  States 
by  the  Constitution,  nor  prohibited  by  it  to  the  States, 
arc  reserved  to  the  States  respectively,  or  to  the  poopje 
thereof. 

ARTICLE  VII. 

1.  The  ratification  of  the  Cajivention  of  five  States 
shrill  be  suflicient  for  the  establishment  of  this  Constitu- 
tion between  the  States  so  ratifying  the  same. 

2.  When  five  States  shall  have  ratified  this  Constitu- 
tion in  the  manner  a'bov'e  specified,  the  Congress,  under 
the  Provisional  ConstTtution,  shall  prescribe  the  time  for 
holding  the  election  of  President  and  Vice  President; 
and,  for  the  meeting  of  tlie  Electoral  College;  and  for 
counting  the  votes  and  inangurtiting  the  President. 
They  shall  also- prescribe  the  time  for  holding  the  first 
election  of  Members  of  Congress  under  this  Coustitutiort, 
and  the  time  for  assembling  the  same.  Until  the  assem- 
bling, of  such  Congress,  the  Congress  undertime  Provisional 
Constitution  shall  continue  to  exercise  the  legislative 
powers  granted  thom-r'not  extjen4ing  beyond  the  time 
limited  by  the  Constitution  of  the  Provisional  Govern- 
ment. 


I  N^  D  E  X. 


AN  ORDINANCE 

To  (lispolve  tbo  Union  bt'twcen  the  State  of  Alabama 
and  oUier  States  united  under  the  compact  styled  "  The 
Constitution  of  the  UnitecJ  Isitates  dif  America." . .  '.^ 

AN  ORDINANCE 

r.«7ir'.v!iing  Citizenship , 0 

V  :  AN  ordinance: 

To  change  the  Oath  of  Oftxce  hi  this  State 

AN  ORDINANCE. 
To  repeal  an  Ordinance  therein  mmicd. 

AN  ORDINANCE 
To  provide  ior  the  Military  Defence  pf  tire  State  of  Ala- 
bama        '.' 

AN  ORDINANOK 
To  re-organize  tlie  MiJitia  of  the  State  of  Alabama l 

.    .  AN  ORDINANCE, 

To  authorise  Colonels  of  Volunteer  ReginuMits  lo  .iiijioint 
their  own  Staii'  Otliccrs 14 

AN  ORDINANCE 
Supplemental  to  an  Ordinance  entitled  "  an  Ordinance  to 
prt)vide  for  the  Military  Defence  ol*  the  State  of  Ala- 
bama.^'  ' ;  .  .  .       1  ■) 

AN  ORDINANCE 
Supplemental  to  an   Ordinance  to  provide  for  the  defence 
df  Alabama 1  u 


149 


a:^  ordinance 

To  provide  for  the,  removal  of  the  Arms  and  Mmiitioiis  of 
War,  at  Mount  Vernon,  in  the  Slate  of  Alabama,  to  a 
phice  or  places  of  greater  security 1(> 

AN  ORDINANCE 
In  relation  to  the  Collector  of  the  port  of  Mobile 17 

AN  ORDINANCE 
Supplemental  to  an  Ordinance  heretofore' passed  in  refer- 
ence to  the  Custom  House  at  Mobile .• 18 

AN  ORDINANCE 
To  continue  the  City  of  Selma  as  a  Port  of  Entry 21 

AN  ORDINANCE 
To  transfer  and  regulate  the'  Jurisdiction  and  Practice  of 
the  several  Federal  Courts  within  the  limits  of  the  State 
of  Alabania 22 

AN  ORDINANCE 

In  reference  to  the  several  Ordinances  passed  by  this  Con- 
vention in  relation  to  Federal  Affairs. 27 

AN  ORDINANCE 
To  preserve  the  Laws  of  Alabama,  and  such  Olhces,  Rights 
and  Remedies,  as  are  consistent  with  the  Ordinance  of 
Secession,  and  with  other  Ordinances  adopted  by  this 
Convention 2i^ 

AN  ORDINANCE 
Concerning  Foreign  Coin , 30 

AN  ORDINANCE 
For  the  issuance  of  State.  Bonds  ...:...■.?.. 3D 

AN  ORDINANCE 
To  make  Provisional  Postal  Arrangenaents  in  Alal>ama. ...     31 

AN  ORpINANCE 

Supplemental  to  an  Ordinance  to  make  Provisional  Postal 
Arrangements 31 

RESOLUTIONS 

In  relation  to  the  formation  of  a  I'rovisional  and  Pei'nifK  ' 
nent  Government  between  the  Seceding  States 32 

RESOLUTION 
In  relation  to  the  Navigation  of  the  Miasissip])!  River. ....     .13 


160 
nEsOT.T'TloN'  : 

In  rdfltinii  lo  flio  Afi-ican  Slave  Tnnlc ...    M 

AX  ORDINANCE 

For  the  purchase  of  Provitupos 

AN  ORnii<rANCE 

To  turn  over  to  tlio  (^ovcrnui'iit  of  tho  Confederate  States 
the  Arms  and  ^Munitions  of  War  belonging  to  llii;}  State, 
and  for  other  purposes. ,     i>0 

AN  OHDIX^VXCE 

To  provide  for  the  transfer  of  ecrjlain  troops  tlierein  men- 
tioned to  the  Confederate  States  of  Ameriea 

AN  OUDINAXCE 

To  give  efliuienay  to  the  Ordinance  of  19lU  January,  1801, 
"to  provide  for  tlie  Military  Defence  of  the  State  of 
AlalKiina." 38 

AN  ORDIXAXCK 
To  regulate  the  Staff  of  the  Major-Genernl  appointed  un- 
der the  Ordinance  of  lath  Juuuary,  IbUl 39 

AN  ORDINANCE 

To  provide  for  the  sale  of  provisions  belonging  to  the  Stale, 
and  for  other  purposes , . . .     :.  ' 

AN  ORDINANCE 

To  confer  upon  the  (Tovcrnniont  of  the  Confederate  States         ^j 
of  Atnerieii  jurisdiction  over  tlie  Custom  Uonse  and  31a-        M 
rine    Hospital,    at   Mobile,    and   certain    Light   Houses, 
Lightij  and  Ruoys,  in  Mobile  Ray,  and  for  other  j»nr})0- 
ses 40 

AN  ORDINANCE 

To  transfer  to  the  Governujent  of  the  Confederate  States 
of  America  the  money  in  tlic  hands  of  "the  Collector  at 
the  Poi't  of  Mobile  . .' 41 

AN  ORDINANCE 
In  relation  to  the  2d  ^'oluntet'r  lleglment  of  Alabama,  and 
fi»r  other  pur]toses 42 

AN  ORDINANCE 
To  ratify  and  adopt  the  Constitution  of  the  Confederate 
States  of  Ajiierica. . . .  # 42 


161 


AK  ORDINANCE 
In  refet'cucc  to  the  constfuction  of  all  cbauges  made  in  tiic 
Constitution  of  the  State  of  Alabama 42 

AN  Ordinance 

To  confer  jurisdiction  over  the  Forts  and  Arsenals  in 
the  State  of  Alabama  upon  the  C^onfederate  States  of 
America 49 

AN  ORDINANCE 

To  amend  certain  j)arts  of  Chapter  one,  of  Title  two,  of 
Part  two,  of  the  Code  of  Alabama,  eo  as  to  place  the 
holders  of  Stocks  of  the  Confederate  States  of  America, 
and  of  the  State  of  Alabama,  on  equal  footing  with  the 
holders  of  United  States  Stocks 44 

AN  ORDINANCE 
-  To  lay  off  the  State  of  Alabama  into  nine  Congressional 
\       Districts 4-^ 

AN  ORDINANCE 

To  restrict  the  Legislature  in  reference  to  the  creation  bf 
debts T 40 

AN  ORDINANCE 

To  provide  for  the  payment  of  interest  semi-annually  on 
tlie  bonds  issued  under  the  act  of  the  Legislature  of 
29th  January,  1861 47 

AN  ORDINANCE 

To  amend  and  construe  an  Ordinance  entitled  "an  Ordi- 
nance to  provide  for  the  Military  Defence  of  the  State 
of  Alabama,"  adopted  January  19th,  18G1 47 

AN  ORDINANCE 
To   make   provision   to  pay  a  certain   Military  Company 
therein  named 48 


AN  ORDINANCE 

To  allow  mileage  to  John  R.  Kennan  and  John  F.  Welch . .     48 

AN  ORDINANCE 
To  provide  for  certain  expenses  in  ])rcparing  the  Acts  and 
Journals  of  the  late  (called)  Session  for  the  press,  and 
the  distribution  of  the  same,  and  for  other  purposes. ...     49 

AN  ORDINANCE 
To  provide  for  the  printing  of  the  Constisution  of  the  State 
of  Alabama ^0 


162 


AN  ORDINANCE 
To  provide  for  the  euroUmeut  of  the  Constitution  of  the 
State  of  Alabama "1 

AN  ORDINANC! 
In  rchxtion  tp  cancelled  Land  Entries M 

AN  ORDINANCE 
To  make  an  appropriation  for  a  certain  purpose  therein 
named o'2 

AN  ORDINANCE 

To  define  and  explain  the  effect  of  the  Ordinances  adopted 
by  tliis  Convention 53 

AN  ORDINANCE 
To  provide  for  tlie  Permanent  Seat  of  Government  of  the 
Confederate   States   of   America   within    the   limits   of 
Alabama 5'< 

AN  ORDINANCE 
In  relaUon  to  the  waste  and  unai)})ropriateil    land  in  the 
State  of  Alabama 54-71 

AN  ORDINANCE 
In  relation  to  the  Greenville  Land  Oflicc 71 

AN  ORDINANCE 
In  relation  to  Forfeited  Lands 71 

AN  ORDINANCE 

To  authorize  and  direct  the  Governor  to  rescind  a  contract 
therein  ix'ferred  to 72 

The  Constitution  of  tlic  State  of  Alabama 73-1 1 2 

Constitution  for  the  Provisional  Government  of  the  Con- 
federate States 1 1 3-]  21". 

Constitution  of  the  Confederate  Sta*tes  of  America. .  .  .127-14  7 


'-Jk' 


^kt-VC 


.>S9^r 


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